Sumitra Devi @ Sunaina Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33519 of 2015 Arising Out of PS.Case No. -73 Year- 2015 Thana -BOCHHA District- MUZAFFARPUR ======================================================
1. Sumitra Devi @ Sunaina Devi Wife of Bindeshwar Manjhi Resident of Village- Rudahan Sanathi, P.S.- Boohahan, District- Muzaffarpur.
2. Murti Devi Wife of Late Sukeshwar Manjhi.
3. Parmeshwar Manjhi Son of Sukeshwar Manjhi
4. Vinod Manjhi Son of Sukeshwar Manjhi
5. Sarbjeet Manjhi Son of Vinod Manjhi and
6. Vijay Manjhi Son of Parmeshwar Manjhi Petitioner nos. 2 to 6 resident of village- Deogan, P.S.- Katra District- Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-08-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 323, 324, 379, 326, 504 and 506 of the Indian Penal Code. Subsequently, section 307 IPC was also added. The prosecution case is that some known and unknown persons came to the shop of the informant and asked the informant to cooperate in Moist activities and on
Patna High Court Cr.Misc. No.33519 of 2015 (2) dt.28-08-2015 2/3 refusal to accept the proposal accused persons robbed the articles of rupees two lakhs, cash of Rs.2500/- and assaulted the informant.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. In fact, the Up-Pramukh of the Block got a sale deed registered with regard to one katha of homestead land of Dinesh Manjhi, who is brother of husband of petitioner no. 1 Sumitra Devi and since Sumitra Devi made protest then the present case was lodged. Sumitra Devi lodged Muzaffarpur SC/ST P.S. Case No. 47 of 2015 making accusation under Sections 341, 323, 504, 354B/34 of the Indian Penal Code and 3(1) (v) (x) of SC/ST (Prevention of Atrocities) act against the informant and others on the same day i.e. on 10.05.2015.
A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial
Patna High Court Cr.Misc. No.33519 of 2015 (2) dt.28-08-2015 3/3 Magistrate, Ist Class, Muzaffapur in connection with Bochahan P.S. Case No. 73 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T