Nippu Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71798 of 2018 Arising Out of PS. Case No.-69 Year-2018 Thana- JAMOBAZAR District- Siwan ======================================================

1. Nippu Kumari, Daughter of Surendra Singh,

2. Phool Kumari Devi, Wife of Surendra Singh, Both of Resident of Village Lalahata, P.S. Jamo Bazar, District- Siwan.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Dhananjay Kumar Tiwary, Advocate.

For the Opposite Party :

Mr. Mithilesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-01-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 324, 307, 504, 506 and 354/34 of the IPC.

The prosecution story, in brief, is that while the informant was draining out the rainwater into the field of Surendra Singh by digging a way into the field, accused persons Surendra Singh, Vicky Singh, Anshu Kumari, Nippu Kumar (petitioner no. 1), Soni Kumari and Phool Kumari Devi (petitioner no.2) came armed there and assaulted the complainant and her family members namely, Awadhesh Singh, Neelam Singh and Guddu Singh. Consequently, the abovesaid persons got injured.

It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.71798 of 2018(3) dt.28-01-2019 2/2 petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is case and counter case between the parties. Both parties are agnates. Nature of injury is simple. F.I.R. is alleged to have instituted after three days of occurrence.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Siwan, in connection with Jamo Bazar P.S. Case No. 69 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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