Rukmini Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3362 of 2017 Arising Out of PS.Case No. -60 Year- 2016 Thana -SIRDALA District- NAWADA ======================================================
1. Rukmini Devi, wife of Jago Prasad,
2. Jago Prasad, son of late Ganouri Prasad,
3. Pramod Prasad, son of Jago Prasad,
4. Sangita Devi, d/o Jago Prasad,
5. Anita Devi, wife of Pramod Prasad, all resident of village- Banjhoria, P.S.- Sirdalla, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 09-03-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Sirdala P.S. Case No.60 of 2016 instituted for the offence under Section(s) 447, 147, 148, 149, 341, 323, 379, 307, 354-A, 504 Indian Penal Code.
It has been submitted that for land dispute there was free fight between the parties on the date of occurrence. After lodging of instant case by the informant, Nanhku Prasad, a counter case has also been lodged by Rukmini Devi (petitioner No.1) against the informant and others vide Sirdala P.S. Case
Patna High Court Cr.Misc. No.3362 of 2017 (4) dt.09-03-2017 2/3 No.61 of 2016. Injuries have been sustained by both sides in the aforesaid free fight. Injury report of petitioner Nos. 1, 2, 3, and 5 in the counter case in Sirdalla P.S. Case No.61 of 2016 has been annexed as Annexure-4 series and the injury sustained in the instant case by injured, Nankhu Prasad, Phulia Devi, mother of the informant, Kaushalya Devi, wife of informant, and Banwari Prasad, father of the informant have been annexed as Annexure-3 series. The doctor has found all the injuries on the aforesaid persons simple in nature except Injury No.2 on the person of Kaushalya Devi, which is fracture of ulna bone and opined to be grievous in nature.
It appears that there was free fight between both the parties for land dispute and injuries have been sustained on both sides.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sirdalla P.S. Case No.60 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, V, Nawada, subject to the conditions as laid
Patna High Court Cr.Misc. No.3362 of 2017 (4) dt.09-03-2017 3/3 down under Section 438(2) Cr. P. C.
(Sanjay Priya, J) JA/- U T