Shiva Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27255 of 2016 Arising out of PS.Case No. -27 Year- 2016 Thana -SABAUR District- BHAGALPUR ======================================================

1. Shiva Devi, Wife of Manik Chand Mandal.

2. Sheela Devi, Wife of Sunil Mandal.

3. Indu Devi, Wife of Subodh Mandal.

4. Subodh Mandal, Son of Manik Chand Mandal. All are resident of Village- Nadiyama, P.S. Goradih, District- Bhagalpur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Rajive Ranjan Singh, Advocate. For the Opposite Party : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Sabour (Goradih) P.S. Case No. 27 of 2016(G.R. No. 548 of 2016) for the offences instituted under Sections 147, 148, 149, 341, 323, 307 and 504 of the IPC.

The prosecution story, in brief, is that on the alleged date of occurrence, on the order of accused Shiva Devi, accused persons came at the place of occurrence variously armed with lathi, Bhala, Garasa and accused Sunil Mandal assaulted with Garasha on the head of the informant as a result of which he

Patna High Court Cr.Misc. No.27255 of 2016 (2) dt.11-07-2016 2/3 sustained head injury. When his wife came to save him accused Manik Chandra Mandal causing Bhala injury on her head and she fell down. When Sweta Kumari and Monika Kumari came to save her then accused Subodh Mandal, Sheela Devi and Indu Devi assaulted them with Garasha on their head as a result of which both became senseless and fell down. The reason behind the occurrence was due to partition in the family. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. The petitioner nos.1 to 3 are the ladies. From perusal of the injury report, it is evident that the nature of injury is simple, hence, no offence under Section 307 I.P.C. is made out.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sabour(Goradih) P.S. Case No. 27/2016, G.R. No. 548/2016 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 A.C.J.M.,

Patna High Court Cr.Misc. No.27255 of 2016 (2) dt.11-07-2016 3/3 Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T