Patna High CourtCR. MISC./64070/2018bail granted

Rajdeo Das And ORS v. The State Of Bihar

2018-12-14Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64070 of 2018 Arising Out of PS. Case No.-163 Year-2018 Thana- KOTWA District- East Champaran ======================================================

1. Rajdeo Das Bhuneshwar Das,

2. Pramila Devi W/o Bhuneshwar Das,

3. Rinku Devi W/o Rajdeo Das, All of Vill.-Machchargawan Tola Nanhkar, P.S.-Kotwa, Dist.-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2018 Mr. Sanjeet Deokuliar, learned counsel for the petitioner prays for withdrawal of the case with respect to petitioner no. 1, as it has become infructuous with his arrest. The case of petitioner no. 1 is dismissed as having become infructuous.

The petitioner no. 2 and 3, who are ladies, seek bail in anticipation of their arrest in connection with Kotwa P. S. Case No. 163 of 2018 dated 09.07.2018 instituted for the offences under Sections 341, 323, 307, 504, 379 and 34 of the Indian Penal Code.

A general and omnibus allegation has been levelled against all the accused persons of assaulting the informant

Patna High Court Cr.Misc. No.64070 of 2018(2) dt.14-12-2018 2/2 and taking away their personal belongings.

Learned counsel for the petitioners has submitted that the dispute arose over erecting of a hut by the informant which was objected to by the petitioners, leading to the occurrence.

Regard being had to the nature of accusation, the gender of the petitioners and that no injury has been caused to anybody, petitioners no. 2 and 3 are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 10th, Motihari, East Champaran in connection with Kotwa P. S. Case No. 163 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U