Nisha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16989 of 2018 Arising Out of PS.Case No. -572 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Nisha Devi wife of Bilash Sah @ Bilash Saw

2. Nilam Devi wife of Gajadhar Singh

3. Bilash Sah @ Bilash Saw son of Late Shiv Pujan Sah All residents of Village - Bholsar, P.S. - Rasalpur, District - Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Kahalgaon (Rasalpur) P.S. Case No. 572 of 2017 for the offences punishable under sections 147, 149, 341, 323, 307, 427, 337 and 338 of the I.P.C. Allegedly, the accused persons named in the FIR including the petitioners assaulted the informant, his wife and his other family members and petitioner no.1 Nisha Devi threw hot water on the body of wife of the informant resulting she sustained injury on her person. Petitioner no.3 and others damaged utensils and also damaged tiles of the roof.

Patna High Court Cr.Misc. No.16989 of 2018 (2) dt.05-04-2018 2/2 Submission is of false implication and that petitioner nos. 1 and 2 are ladies, against petitioner no.3 there is general allegation for damaging utensils, tiles and cycle, Munni Devi has received simple injury caused by hard and blunt object, no burn injury has been found on her person and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.

In the facts and circumstances stated above, considering that Munni Devi has received simple injury caused by hard and blunt object and as such the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M, Bhagalpur in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T