Nainawati Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34528 of 2015 Arising Out of PS.Case No. -85 Year- 2014 Thana -BARGANIA District- SITAMARHI ======================================================

1. Nainawati Devi wife of Triveni Sah

2. Sharda Devi, wife of Nathuni Sah

3. Nathuni Sah, son of Bhuna Sah

4. Triveni Sah, son of Bhuna Sah All are resident of Village- Aadam Bandh Punarwas, P.S.- Bairgania, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-08-2015 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 379/34 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act.

It is alleged that the accused persons assaulted the daughter of the informant when she made protest for not allowing her to use the passage, thereafter the informant was also assaulted and abused by the petitioners by calling caste name.

It is submitted by the learned counsel for the petitioners that for a bona fide dispute the accusation has been

Patna High Court Cr.Misc. No.34528 of 2015 (2) dt.25-08-2015 levelled and the investigation has already concluded. Moreover, no injury was caused to the informant.

The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Bairgania P.S. Case No. 85 of 2014, pending in the court of learned Chief Judicial Magistrate, Sitamarhi.

With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T