Suganti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50159 of 2017 Arising Out of PS.Case No. -310 Year- 2016 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Suganti Devi, W/o Balister Yadav,

2. Subhawati Devi W/o Awadesh Yadav,

3. Gita Devi W/o Munna Yadav,

4. Saroj Devi W/o Ravindra Yadav,

5. Balister Yadav S/o Chandeshwar Yadav, All R/o Village- Kheman Tola, P.S.- Mirganj, District- Gopalganj.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anurag Saurav For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-11-2017 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the State. The petitioners apprehend their arrest in connection with Mirganj P.S. Case No.310 of 2016 registered under Sections 147, 341, 323, 324, 307, 448, 380 and 504 of the Indian Penal Code. The allegation against petitioner nos.1 to 3 is that they committed theft after entering into the house of the informant. Allegation against petitioner no.4 is of assaulting Chinta Devi by brick and allegation against petitioner no.5 is of giving a blow over the head by sharp edged weapon.

Learned counsel for the petitioners submits that there is land dispute between both sides and there is case and counter case filed in between them, no corresponding injury is found due to

Patna High Court Cr.Misc. No.50159 of 2017 (3) dt.01-11-2017 2 /2 assault alleged to be made by petitioner no.4. As far as petitioner no.5 is concerned, he is alleged to have assaulted one Chandan Yadav by a sharp edged weapon and opinion of injury is reserved. Having considered the said facts and circumstances, petitioner nos.1 to 4, named above, who are female members, are directed to be released on bail in the event of arrest or surrender before the court below within four weeks from today on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No.310 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

Howsoever, the allegation against petitioner no.5, Balister Yadav is specific of giving a blow over the head with a sharp edged weapon and opinion relating to corresponding injury is reserved, so his prayer for anticipatory bail stands rejected in connection with Mirganj P.S. Case No.310 of 2016, pending before the learned Chief Judicial Magistrate, Gopalganj. (Arun Kumar, J.) S.Kumar/- U T