Rajkumari Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48323 of 2018 Arising Out of PS. Case No. -40 Year- 2017 Thana -SISWAN District- SIWAN ======================================================
1. Rajkumari Devi Wife of Nand Kishore Mahto
2. Kamlawati Devi Wife of Brij Kishore Mahto
3. Chanda Kumari Daughter of Brij Kishore Mahto All Residents of Village- Birtimal, P.S. Siswan(Chainpur O.P.), District- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Utsav Kumar For the Opposite Party/s : Mr. B. N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2018 Heard both sides.
The petitioners apprehend their arrest in Siswan (Chainpur O.P.) P.S. case No. 40 of 2017 under Section 307 and other Sections of the Indian Penal Code.
The learned counsel for the petitioners submits that prayer of petitioners for anticipatory bail was earlier rejected by this court vide order dated 19.12.2017 passed in Cr. Misc. No. 41238 of 2017 but Nand Kishore Mahto has been granted regular bail vide order dated 16.05.2018 passed in Cr. Misc. No. 18805 of 2018. Some of the accused persons, namely, Nirmala Kumari and Pintu Mahto have been granted anticipatory bail vide order dated 23.11.2017 passed in Cr. Misc. No. 43663 of 2017. It is further
Patna High Court Cr.Misc. No.48323 of 2018 (2) dt.19-09-2018 2/2 submitted that there is land dispute between the parties and Title Suit No. 173 of 2017 is pending. From the side of petitioners Siswan P.S. case No. 39 of 2017 was registered but it appears from perusal of the records that prayer of petitioners for anticipatory bail was rejected by this court after considering all the materials available on record. The petitioners are alleged to have assaulted Sheodatt Mahto. Sheodatt Mahto got as many as six injuries on different parts of his body including fracture of clavicle bone as well as haematoma on head and on account of haematoma he died.
Considering the facts aforesaid, I do not find any fresh ground to reconsider the prayer of petitioners for anticipatory bail. Accordingly, the same is once again rejected. (Prabhat Kumar Jha, J) BKS/- U T