July Devi @ Amrita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49039 of 2019 Arising Out of PS. Case No.-606 Year-2019 Thana- NAWADA District- Nawada ====================================================== 1.

JULY DEVI @ AMRITA KUMARI Wife of Manoj Kumar Choubey @ Hemant Kumar Chaturvedi Resident of Village-Budhaul, P.S.-Nawada Town and District-Nawada permanently residing at village Eru, P.S.-Wazirganj, District-Gaya.

2.

Manoj Kumar Choubey @ Hemant Kumar Chaturvedi @ Manoj Kumar Resident of Village-Budhaul, P.S.-Nawada Town and District-Nawada permanently residing at village-Eru, P.S-Wazirganj, District-Gaya. 3.

Kanhaiya Kumar Tiwari @ Rahul Kumar Tiwari Son of Late Pramod Tiwari Resident of Village-Budhaul, P.S.-Nawada, Town and District-Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niraj Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners seek Anticipatory bail in connection with Nawada Town P.S. Case No. 606 of 2019 registered under Sections 147, 148, 149, 341, 323, 504, 506, 385 of the Indian Penal Code and 27 of Arms Act.

Informant in his written complaint has alleged that he was constructing his house over his purchased land, meanwhile accused threatening of 144 proceeding tried to stop the construction and it is further alleged that accused Manoj Kumar husband of July Devi, on the order of July Devi fired two rounds upon the informant and his family and also

Patna High Court CR. MISC. No.49039 of 2019(3) dt.16-11-2019 2/2 threatened to kill them. It is further alleged that they have demanded extortion from him and have also sold their land by fraudulent means.

It has been submitted on behalf of petitioners that they are innocent and have been falsely implicated in this case due to admitted land dispute between the parties. It has been further submitted that neither any arms has been recovered from the possession of petitioners nor any injury has been sustained by the other side Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, Petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 606 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T