Shrimati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50723 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== Shrimati Devi, W/o Shyam Lal Thakur R/o village- Nonar, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Daudnagar P.S. Case No.56 of 2019 for the offence punishable under Sections 341, 323, 325, 307, 504 and 34 of the Indian Penal Code.

The allegation against the petitioner is that petitioner along with other accused persons assaulted the informant, his brother and his mother and his sister by means of lathi and danda.

Mr. Devendra Narayan Singh, learned counsel appearing for the petitioner submits that petitioner as well as side of the informant are co-sharer and there is dispute relating to land between the parties. Learned counsel further submits

Patna High Court CR. MISC. No.50723 of 2019(2) dt.14-08-2019 2/3 that no specific allegation is there against the petitioner and other accused persons and the allegation is general and omnibus in nature against all.

Learned counsel relying upon Annexure-2 and 3 series and submits that four persons altogether received injuries and from perusal of the injury report, it would be evident that the injuries are simple in nature except one injury caused to the informant's mother which is in the right finger and said to be grievous, i.e., on non-vital part of the body. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the parties are co-sharers and there is a land dispute between them and the injury caused to the victims are simple in nature except one on the non-vital part of body, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.50723 of 2019(2) dt.14-08-2019 3/3 S.D.J.M., Aurangabad, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T