Patna High CourtCR. MISC./70213/2018bail granted

Tetari Devi And ANR v. The State Of Bihar

2018-12-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70213 of 2018 Arising Out of PS. Case No.-50 Year-2018 Thana- LAKHNAUR District- Madhubani ======================================================

1. Tetari Devi, Wife of Late Chhitan Mukhiya,

2. Chaudhary Mukhiya, Son of Late Chhitan Mukhiya, Both resident of Village- Kachhua, P.S.- Lakhnaur, DistrictMadhubani. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Yogendra Kumar For the Opposite Party/s :

Mr. Uma Shankar Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2018 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,151,188,341,323,342,386,379,427,504 and 506 of the IPC.

The prosecution case as per the written report of Ganesh Chandra Jha dated 5.4.2018 submitted to the SHO, Lakhnaur Police Station is to the effect that at on the same day at about 1.00 P.M. the accused persons after constructing a hutment, were trying to take possession of the land of the informant, which was protested. It is alleged that the accused persons assaulted the informant. The FIR has been lodged against 34 named and 1400-1500 unknown.

Patna High Court Cr.Misc. No.70213 of 2018(2) dt.07-12-2018 2/2 It is submitted by learned counsel for the petitioners that the petitioners are not having any criminal antecedent. The accusation has been levelled against the mob and other coaccused persons have been granted bail by a Bench of this Court vide order dated 24.8.2018 passed in Cr. Misc. No. 48411 of 2018.

Considering the accusation levelled against the mob and statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Ist, Jhanjharpur in connection with Lakhnaur P.S. Case No.50 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U