← Library
Patna High CourtCR. MISC./50599/2019bail granted

Sulekha Devi v. The State Of Bihar

2019-08-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50599 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- TERHAGACHH District- Kishanganj ====================================================== 1.

SULEKHA DEVI Wife of Raj Kumar Mahto Resident of Village - Balua Jagir, P.S.- Terhagachh, District - Kishanganj 2.

Raj Kumar Mahto Son of Fuleshwar Mahto Resident of Village - Balua Jagir, P.S.- Terhagachh, District - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Terhagachh P.S.Case No.74 of 2019 , registered for offences punishable under Sections 341, 323, 325, 307, 504/34 of the Indian Penal Code.

Allegation as per FIR is that when the informant was installing pillar after obstructing of the land, the petitioner and other accused persons came there obstructed to construct the pillar and when the informant protested all the accused persons assaulted the informant, his daughter-in-law and other persons.

Submission of the learned counsel for the petitioners is

Patna High Court CR. MISC. No.50599 of 2019(2) dt.14-08-2019 2/2 that the FIR itself shows that there is land dispute and no specific allegation has been attributed against the petitioner and so far other accused persons are concerned, they have been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court vide order dated 8.8.2019 passed in Cr. Misc. No.49616 of 2019.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Kishanganj in connection with Terhagachh P.S.Case No.74 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T