Chanda Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.103 of 2018 Arising Out of PS.Case No. -194 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Chanda Devi, wife of Manoj Sharma,

2. Radhey Shyam Sharma, Son of Late Megha Sharma, Both resident of Village: Karma, P.S: Sheosagar (Baddi), District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2018 Heard both sides.

The petitioners apprehend are arrest in connection with Sheosagar (Baddi) P.S. Case No. 194/17 registered under Sections 341, 323, 307, 385, 387/34 of the Indian Penal Code. The informant alleged that she went to keep his sister Rita Devi in her matrimonial house but the petitioners assaulted him and demanded Rs. 80,000/- for keeping his sister. The informant further alleged that Santosh Sharma assaulted him by bricks on his head and then he became un-conscious. Learned counsel for the petitioners has submitted that petitioner no. 1 Chanda Devi, Gotni of informant's sister and petitioner no. 2 is father-in-law of informant's sister. For the same

Patna High Court Cr.Misc. No.103 of 2018 (2) dt.12-01-2018 2/2 occurrence Rita Devi, sister of the informant had already filed a Complaint Case No. 86 of 2017 under Section 498(A) of the IPC and again brother of Rita Devi filed this case with false allegations. The story itself appears to be un-believable as the sister of the informant lodged complaint case on 03.02.2017 against the petitioners and others alleging that they all assaulted her and only after five months, her brother filed another case. Only one simple injury has been found on the head of the informant, Krishna Sharma.

Considering the nature of injury, let the petitioners, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each in connection with Sheosagar (Baddi) P.S. Case No. 194 of 2017 to the satisfaction of the learned Additional Chief Judicial Magistrate, VII, Sasaram, Distt. Rohtas or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) sushma/- U T