Chanda Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.57379 of 2018 (2) dt.20-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57379 of 2018 Arising Out of PS.Case No. -126 Year- 2018 Thana -KESARIA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Chanda Devi, W/o Mankeshwar Pandey,

2. Mankeshwar Pandey S/o Late Kamal Pandey,

3. Vishwanath Pandey S/o Late Dukhan Pandey All Resident of Vill.- Raghunathpur, P.S.- Kesariya, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 20.09.2018 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Kesariya P. S. case no. 126/2018 registered under sections 307, 379 and other allied sections of the IPC. First information report reveals that petitioner no.2, namely, Mankeshwar Pandey gave danda blow on the chest of the informant whereas petitioner no.3, namely, Vishwanath Pandey assaulted with Mungari on the back and neck of the informant. So far as petitioner no.1 is concerned, there is omnibus allegation of assault against her though the informant claims that she snatched Rs 5000/- from him.

Patna High Court Cr.Misc. No.57379 of 2018 (2) dt.20-09-2018 Learned counsel for the petitioners drew my attention towards annexure 2 to the petition and submitted that the informant sustained only two injuries and both injuries were found on his skull. He submitted that the aforesaid injuries are attributed to co-accused Sunil Pandey against him there is allegation that he gave dagger blow causing injury on the head of the informant.

The impugned order goes to show that the informant was treated and after getting treatment, he returned to his home but subsequently, he died. Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/-each with two sureties of the like amount each to the satisfaction of the 11th Addl. Chief Judicial Magistrate, East Champaran at Motihari in Kesariya P. S. case no. 126/2018 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T