Ruby Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43431 of 2015 Arising Out of PS.Case No. -50 Year- 2015 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Ruby Devi, wife of Mahesh Chaudhary.

2. Jaymanti Devi, wife of Ram Bilash Chaudhary. Both are resident of village : Nekpur, Police Station Chabilapur, District Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------------ 14-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Chhabilapur P.S. Case No.50 of 2015 registered under Sections 341, 327, 323, 307 and 504/34 of the Indian Penal Code. The allegation of the informant, Umesh Chaudhary, is that his elder brother, Ram Bilash Chaudhary, was getting the land, which was in his share, ploughed by tractor. When the informant made protest, he started to abuse the informant and caught hold him and called his family members to come with arms to kill the informant. Thereafter, Mahesh Chaudhary, armed with

Patna High Court Cr.Misc. No.43431 of 2015 (2) dt.14-10-2015 2/3 Fasuli and Baliram Chaudhary armed with bricks came there and dashed the informant on the ground and Mahesh Chaudhary and Baliram Chaudhary caused injury on the head of the informant. When Dharmendra Kumar Chaudhary, the son of the informant, rushed to save him, he was also assaulted by them with bricks and fists and slaps. In that course, Rubi Devi, wife of Mahesh Chaudhary and Jaimanti Devi, wife of Ram Bilash Chaudhary, assaulted the informant and his son with bricks and lathi. Learned counsel appearing on behalf of the petitioners submits that, in fact, due to land dispute, the occurrence took place in between the male members of both the families and the male family members of the family of the petitioners also sustained injury regarding which Chhabilapur P.S. Case No.

51 of 2015 has been lodged on the basis of the written statement of Mahesh Kumar, the son of the petitioner no.2. The petitioners, who are ladies, have falsely been implicated in this case with general allegation to cause injury to the informant and his son. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.43431 of 2015 (2) dt.14-10-2015 3/3 each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Chhabilapur P.S. Case No.50 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T