Laruyama Devi @ Laruan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47458 of 2019 Arising Out of PS. Case No.-136 Year-2018 Thana- GADHPURA District- Begusarai ====================================================== 1.

LARUYAMA DEVI @ LARUAN DEVI Wife of Sundar Sahni Resident of Village-Rajaur, P.S-Gadhpur, District-Begusarai. 2.

Bisundeo Sahni @ Vishnudeo Sahni Son of Late Bikho Sahni Resident of Village-Rajaur, P.S-Gadhpur, District-Begusarai. 3.

Sundar Sahni Son of Late Bikho Sahni Resident of Village-Rajaur, P.SGadhpur, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Gadhpura P.S. Case No. 136 of 2018, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code.

The petitioners belong to the same family. Petitioner no. 1 is wife of petitioner no. 2.

I have heard learned counsel appearing on behalf of the petitioners and learned counsel for the informant. There is no dispute that a land dispute between the informant and the family of these petitioners is in the background of the alleged

Patna High Court CR. MISC. No.47458 of 2019(3) dt.01-10-2019 2/3 occurrence for which this case and a counter case (Gadhpura P.S. Case No. 135 of 2018) have been registered. This is also not in dispute that there is no specific overt act alleged against the petitioners no. 1 and 2. There is allegation against petitioner no. 2 of having assaulted the wife of elder brother of the informant but in her left hand. Learned counsel appearing on behalf of the petitioner has argued that the injury is not grievous. This fact could not be disputed by learned counsel appearing on behalf of the informant nor by the learned Additional Public Prosecutor appearing for the State.

Considering the above, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Gadhpura P.S. Case No. 136 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case

Patna High Court CR. MISC. No.47458 of 2019(3) dt.01-10-2019 3/3 may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T