Munaki Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33335 of 2015 Arising Out of PS.Case No. -51 Year- 2014 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================

1. Munaki Devi Wife of Mahendra Singh

2. Phool Kumari Devi Wife of Mukesh Kumar

3. Ranju Devi Wife of Rakesh Singh

4. Manita Devi @ Mamta Devi D/o- Mahendra Singh

5. Sunita Devi D/o- Mahendra Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kr.Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-08-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

The prosecution case is that the FIR named accused persons including the petitioners entered into the house of the informant caused injury on the head of Lagan Bhagat by axe and Girash Devi by iron rod whereas Jailash Devi received injuries on her head and hand by sword.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. There is no specific accusation of assault and the petitioners' side lodged Kartaha P.S. Case No.50 of 2014 at earlier point of time against the informant and others. Moreover, at earlier point of time Shikayat Koshang Complaint Case

Patna High Court Cr.Misc. No.33335 of 2015 (2) dt.12-08-2015 2/2 No. 3425 of 2013 was also lodged against the informant and his family members and on 11.07.2014, the husband of petitioner no.1 filed Information Petition No.2935 of 2014 against the informant side. There is land dispute between the parties being Land Dispute Case No.95 of 2014-15. The impugned order suggests that none of the injuries have been found to be grievous and a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the case lodged by the petitioners' side at earlier point of time and the accusation has been levelled in the background of serious litigated relationship between the parties, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Hajipur, Vaishali in connection with Kartaha P.S. Case No.51 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T