Bhuletan Mehta @ Bhuletan Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55088 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -TANDWA District- AURANGABAD ======================================================
1. Bhuletan Mehta @ Bhuletan Mahto, s/o- Late Rameshwar Mehta
2. Premshila Verma, W/o- Sunday Kumar Verma
3. Jaso Devi, w/o Bhuletan Mehta @ Bhuletan Mahto All three R/o- village Harihar Urdana Tola Chitwabandh, P.S.- Tandwa, District- Aurangabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-12-2016 Heard the Counsel for the petitioners and the APP for the State.
Three petitioners herein are closely related as father-in-law, daughter-in-law and mother-in-law and pray for grant of anticipatory bail in Tandwa P.S. Case No. 45 of 2016 registered under sections 341, 447, 307, 337, 504, 506/34 of the Indian Penal Code.
Counsel for the petitioners placed the F.I.R. and submits that out of family feud, the occurrence has taken place in which specific role has been assigned to Sudeh Kumar Verma of having caused injury by means of tangi to the informant, her husband and nanad. Ornamental allegation of order giver has been assigned to petitioner no. 1 and petitioner no. 3. There is no allegation against the petitioner no. 2 save and except that she was abusing. It is also
Patna High Court Cr.Misc. No.55088 of 2016 (2) dt.22-12-2016 2/2 stated that there is a counter version of the case in which the petitioner no. 3 Jaso Devi as well as main accused have received injury. It is a family feud. They do not have any criminal antecedent.
Considering the above, in the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Aurangabad in Tandwa P.S. Case No. 45 of 2016 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioners.
(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T