Patna High CourtCR. MISC./7820/2017allowed

Kanchan Kumari And ANR v. The State Of Bihar

2017-04-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.7820 of 2017 (3) dt.18-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7820 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -HASPURA District- AURANGABAD ======================================================

1. Kanchan Kumari, Daughter of Sri Ramanand Ram @ Rama Nand Ram,

2. Mamta Kumari, daughter of Sri Ramanand Ram @ Rama Nand Ram, Both are resident of village - Jakhaura, P.S. Haspura, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No.13, Adv. For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with Haspura P.S. Case No. 104 of 2016 registered for the offence punishable under Sections 341, 342, 323, 324, 307, 504/34 and 302 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed against them. In fact, the petitioners and the deceased happen to be agnates and descendents of their common ancestor and there was dispute between the parties on the flow of water through drain. The petitioner, who happens to be unmarried girl are of clean antecedents and they

Patna High Court Cr.Misc. No.7820 of 2017 (3) dt.18-04-2017 have not played any role in the alleged occurrence. Hence the petitioners deserve the privilege of anticipatory bail. Considering the nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Ten Thousand rupees only) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Daudnagar, Aurangabad in connection with Haspura P.S. Case No. 104 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T