Patna High CourtCR. MISC./33541/2014bail granted

Jhuni Devi And ORS v. The State Of Bihar

2015-02-06Mr. Justice Gopal Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33541 of 2014 Arising out of P. S. Case No. - 45 Year - 2014 Thana - BAIKUNTHPUR District - GOPALGANJ ======================================================

1. Jhuni Devi, Wife of Jhuna Ray

2. Sumanti Devi @ Suganti Devi, Wife of Sudama Ray

3. Ranjan Kumar Yadav @ Ranjan Ray, Son of Sri Sudama Ray, All are resident of village - Chamanpura, P.S. - Baikunthpur, District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upendra Yadav, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 06-02-2015 Heard learned counsel for the petitioners and learned counsel for the State.

This is a petition for grant of anticipatory bail in a case under Sections 341, 323, 324, 504 and 34 of the Indian Penal Code and Section 3/5 of the Daain Act.

It is alleged that while the informant was at her door the petitioners along with others assaulted the informant by fists and slaps and called her a witch. Co-accused Sanjay Rai and others armed with axe and garasi rushed there and assaulted the informant causing head injury.

Learned counsel for the petitioners submits that the allegation is general and omnibus and the petitioners and informant are on inimical terms. They are next door

Patna High Court Cr.Misc. No.33541 of 2014 (2) dt.06-02-2015 neighbours. Earlier a case was filed by the petitioners against the informant and to save her skin she filed this present case against the petitioners, though there is specific allegation of assault against Sanjay Rai.

Having regard to the fact that the injuries are simple in nature, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 45 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.

Kundan (Gopal Prasad, J.) U T