Pooja Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58148 of 2015 Arising Out of PS.Case No. -31 Year- 2013 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Pooja Kumari D/o Dhaneshwar Choudhary.

2. Panwa Devi W/o Dhaneshwar Choudhary.

3.Kajal Devi D/o Dhaneshwar Choudhary. All are residents of villageMurrautpur, P.S. Desari, District- Vaishali .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Desari P.S. Case No. 31 of 2013, disclosing offences under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code. The petitioners are ladies. From the First Information Report, it appears that there was a Panchayati held in the village on a controversy that the petitioner no. 1 had taken Mangalsutra of one Renu Devi, which she refused to return. Allegedly, the petitioners and the family members had entered into the house of the informant.

It is alleged that one Dhaneshwar Choudhary assaulted the informant with dagger and Pawan Choudhary assaulted him on his head with farsa. It is alleged against the petitioner no. 3 that she hit Dharmsheela Devi with farsa, causing injury.

Patna High Court Cr.Misc. No.58148 of 2015 (2) dt.30-01-2016 2/2 Learned counsel for the petitioners submits that the injury on Dharmsheela Devi has been found to be simple in nature caused by hard and blunt substance, which falsifies the allegation against the petitioners.

Considering the nature of dispute and the accusation against these petitioners, this application is allowed. Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Desari P.S. Case No. 31 of 2013, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T