Ashok Mehta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44459 of 2016 Arising Out of PS.Case No. -60 Year- 2015 Thana -SRI NAGAR District- MADHEPURA ======================================================

1. Ashok Mehta Son of Late Buchan Mehta.

2. Sarita Devi Wife of Ashok Mehta, Both R/o Village- Lakshmipur, P.S.- Shree Nagar, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Yadav For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Shree Nagar P.S. Case No. 60 of 2015 registered under Sections 341, 323, 379, 307, 427, 504 and 34 of the Indian Penal Code.

The accusation is that the Laldhar Mehta, petitioner, Ashok Mehta and Binod Mehta nephew of informant Baijnath Mehta due to land dispute started quarrelling with the informant for removing 'Gunti'. In the meantime, Manju Devi, Anita Devi and petitioner Sarita Devi along with two to four unknown started to damage the 'Gunti' and took cash Rs. 5,000/- and bicycle, which was near

Patna High Court Cr.Misc. No.44459 of 2016 (2) dt.25-10-2016 2/3 'Gunti'. Thereafter, Laldhar Mehta assaulted the informant with farsa on his head. Petitioner Ashok Mehta assaulted the informant with sword and threatened the informant to kill. In the meantime, family members of Laldhar Mehta assaulted Uma Devi, wife of the informant, and Sunita Devi, wife and daughter-in-law of the informant with iron rod and thereafter, they fled away.

Learned counsel appearing on behalf of the petitioners submits that admittedly, due to land dispute occurrence took place, in which brother of co-accused Laldhar Mehta sustained injury, regarding which Shree Nagar P.S. Case No. 54 of 2015 is instituted on the basis of written report of co-accused Laldhar Mehta. Further submission is that co-accused Laldhar Mehta, Manju Devi and Anita Devi have already been allowed bail by a Bench of this Court vide Cr. Misc. No. 16591 of 2016 on 18.04.2016.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.44459 of 2016 (2) dt.25-10-2016 3/3 C.J.M., Madhepura in connection with Shree Nagar P.S. Case No. 60 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T