Sarita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27050 of 2016 Arising Out of PS.Case No. -43 Year- 2015 Thana -CHANAN District- LAKHISARAI ======================================================

1. Sarita Devi, W/o Fotan Sao

2. Baby Devi D/o Arjun Sao Both resident of Village- Basuachak, P.s.- Chanan, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Gajendra Prasad Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2017 Heard learned counsels for the petitioners and the State. The petitioners have renewed their prayer for anticipatory bail in a case registered for the offences punishable under Sections 147,148,149,323,324,325,379 and 307 of the Indian Penal Code.

The prosecution case is that the accused persons including the petitioners came and assaulted the informant with iron rod and axe, when wife and sister in law of the informant came to rescue they were also assaulted. The accused persons also took away gold chain and wrist watch of the informant. Two persons have also received grievous injuries. It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.27050 of 2016 (2) dt.22-02-2017 2/2 the accusation is omnibus and general and the accusation has been levelled in the background of land dispute. More over, there is counter version of the occurrence. It is further submitted that though vide order dated 14.9.2015 passed in Cr. Misc. No. 37213 of 2015, altogether the case of seven accused persons including the petitioners was disposed of but the petitioners could not surrender, however, the other accused persons surrendered and have been granted regular bail by a co-ordinate bench of this court vide order dated 25.2.2016 passed in Cr. Misc. No. 56 of 2016, contained in Annexure 5 and the petitioners are ladies. In view of the above facts, this court sees no reason for the learned court below not to consider the prayer of the petitioners for in case the petitioners surrender within six weeks from today and pray for bail in connection with Chanan P.S. Case No. 43 of 2015 pending in the court of learned A.C.J.M. Ist Lakhisarai.

With the aforesaid observation/direction, this application stands disposed of.

(Dinesh Kumar Singh, J) Anil/- U T