Indrawati Devi And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51232 of 2015 Arising Out of PS.Case No. -143 Year- 2015 Thana -KATEYA District- GOPALGANJ ======================================================
1. Indrawati Devi wife of Anil Gupta
2. Most. Jarawati Devi @ Jashrawati Devi @ Jasrawati Devi, wife of Late Hari Kishun Gupta Both resident of village- Gaura Bazar, P.S.- Kateya, District- Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5, Adv. For the Opposite Party/s : Mr. Umesh Lal Verma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-01-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
The petitioners are apprehending their arrest in Kateya P.S. Case No. 143/2015, registered for the offences punishable under Sections 341, 323, 324, 307, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the present case has been lodged on account of a dispute which arose between the two families (Gotia) for passage of drain water between their respective houses. It is further submitted that during the said altercation both parties received injuries and the petitioner's side also filed an FIR on the same date which was
Patna High Court Cr.Misc. No.51232 of 2015 (3) dt.22-01-2016 2/2 subsequently registered on 13.09.2015 bearing Kateya P.S. Case No. 158/2015.
From perusal of the said FIR, it appears that Indrawati Devi had also sustained injuries which have been annexed with the supplementary affidavit.
Considering the facts that the dispute arose due to a petty matter and that there was no intention of killing and both parties have also been injured, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 143/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjana Mishra, J.) Rakhi U T