Ramawati Devi @ Rampati Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.30820 of 2018 (2) dt.04-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30820 of 2018 Arising Out of PS.Case No. -72 Year- 2018 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ramawati Devi @ Rampati Devi W/o Ranu Mahto

2. Thagiya Devi W/o Shivji Mahto

3. Hevanti Devi @ Hevnti Devi W/o Jhunu Mahto

4. Nibha Kumari D/o Ranu Mahto All are Resident of Village- Pakhanaha, P.S.- Bairiya, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Sri Rajkishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-06-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bairiya Police Station Case No. 72 of 2018, disclosing offences under Sections 341, 323, 307, 354, 379, 504/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners happen to be lady of clean antecedent are innocent and have not committed any offence. In fact, an scuffle took place between the parties and both of them have sustained injuries for which case and counter case has been lodged by both

Patna High Court Cr.Misc. No.30820 of 2018 (2) dt.04-06-2018 the parties. There is no specific allegation against these petitioners of making assault, therefore, Section 307 of the I.P.C. does not apply in this case against these petitioners. Hence, the petitioners who are of clean antecedent deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IVth, Bettiah, West Champaran in connection with Bairiya Police Station Case No. 72 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T