Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44379 of 2019 Arising Out of PS. Case No.-120 Year-2019 Thana- RANIGANJ District- Araria ====================================================== 1.

ANITA DEVI wife of Shiwanand Sah 2.

Rekha Devi Wife of Nawin Sah 3.

Sanjay Sah @ Sanjay Kumar Sah Son of Nawin Sah 4.

Pankaj Sah @ Pankaj Kumar Son of Turai Sah 5.

Santosh Sah @ Santosh Kumar Sah Son of Nawin Sah All are Resident of Village- Matiyari, Police Station- Raniganj, DistrictAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Rahmatullah For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-07-2019 The petitioners apprehend their arrest in connection with Raniganj P.S. Case No. 120 of 2019 registered under Sections 147,149,323,324,341,354,379,447,504 and 506 of the Indian Penal Code.

The allegation against the petitioners is that petitioners along with other accused persons entered into the house of the informant and assaulted the informant and her family members. Learned counsel for the petitioners submits that both parties are neighbour and there is dispute pertaining to closure of drainage between the parties and in the process scuffle took place. Learned counsel further submits that there is specific allegation against the petitioners in the FIR and injuries caused

Patna High Court CR. MISC. No.44379 of 2019(2) dt.18-07-2019 2/2 to the informant and her family members are simple in nature. Learned counsel for the informant vehemently opposes the prayer for anticipatory bail to the petitioners and submits that a large number of accused persons entered into the house of the informant and assaulted her and her family members as such they do not deserve privilege of anticipatory bail. After having heard learned counsel for the parties and taking into consideration the fact that petitioners and informant are neighbour and there appears to be dispute pertaining to drainage, as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Raniganj P.S. Case No. 120 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U