Bindu Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52491 of 2017 Arising Out of PS.Case No. -128 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bindu Devi, W/o Kishori Mukhiya,

2. Chinta Devi W/o Kashi Mukhiya,

3. Mahavir Kumar S/o Kashi Mukhiya , All are R/o Village- Padraun, P.S.- Jogapatti, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-11-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Jogapatti P.S. Case No. 128 of 2017 for the offences punishable under sections 147, 149, 341, 323, 324, 307, 379, 504 and 506 of the I.P.C. In the First Information Report against the petitioners there is general and omnibus allegation, specific allegation is against co-accused Kashi Mukhiya and Shankar Mukhiya. Submission is of false implication and that FIR has been lodged after delay, due to land dispute the occurrence has

Patna High Court Cr.Misc. No.52491 of 2017 (2) dt.10-11-2017 2/2 taken place, the manner of occurrence as alleged appears not true, there is case and counter case and only with a view to save the skin from Jogapatti P.S. Case No. 144 of 2017 this case has been lodged and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.

In the facts and circumstances stated above, considering that against the petitioners there is no specific allegation and there is case and counter case and as such the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M-II, Bettiah, District- West Champaran in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T