Lilawati Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5240 of 2018 Arising Out of PS.Case No. -70 Year- 2017 Thana -NTPC KHAIRA District- AURANGABAD ======================================================

1. Lilawati Devi wife of Rambarat Paswan,

2. Rambarat Pasan Son of Late Deva Paswan, Both resident of VillageDarua Kala Tikari, P.S.- N.T.P.C. Khaira, District- Aurangabad.

3. Chandan Kumar, Son of Yamuna Paswan, resident of Village- Tamsi, P.S.- Mali, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2018 Heard both sides.

The petitioners apprehend their arrest in connection with NTPC Khaira P.S. Case No. 70 of 2017 registered under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code. The informant alleged that the petitioner no. 1 went inside the paddy field and while she was coming after attending the call of nature, the father of the informant asked the husband of petitioner no. 1 as to why she had gone in his field, petitioners are alleged to have assaulted the father of the informant as well as informant with fists and slaps and took out cash of Rs. 2000/- from informant's pocket.

Patna High Court Cr.Misc. No.5240 of 2018 (2) dt.05-02-2018 2/2 Learned counsel for the petitioners submits that there is case and counter. Petitioner no. 2 lodged NTPC Khaira P.S. Case No. 67 of 2017. There is no injury on any side. Allegation of theft is ornamental.

Considering the facts that there is case and counter case and it appears that both sides have entered into scuffle on petty dispute, let the petitioners, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each in connection with NTPC Khaira P.S. Case No. 70 of 2017 to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) sushma/- U T