Mundeo Devi @ Mundo Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22294 of 2018 Arising Out of PS.Case No. -66 Year- 2017 Thana -MORE District- DARBHANGA ======================================================
1. Mundeo Devi @ Mundo Devi, wife of Ram Naresh Jha
2. Ratnesh Jha @ Ratnesh Kumar Jha, son of Ram natesh Jha Both are resident of village- Bishanpur, P.S.- Moro, DistrictDarbhanga. .... .... Petitioner/s
Versus
The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Das, Advocate For the State : Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Moro P.S. Case No.66 of 2017 registered under Sections 443, 448, 341, 323, 324, 325, 307, 506, 379 and 504 read with 34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioners that the petitioners are close agnates. A land dispute existed between them from before. Six days prior to the institution of the first information report, Complaint Case No.1563 of 2017 was lodged by petitioner no.1 against the informant and his family members in the court of Chief Judicial Magistrate, Darbhanga and in retaliation to that the instant first information report has been instituted. It is further submitted that in the present case though the occurrence is alleged to have taken place on 28.11.2017, the first
Patna High Court Cr.Misc. No.22294 of 2018 (2) dt.27-04-2018 2/2 information report was registered on 01.12.2017. There is no plausible explanation for the inordinate delay caused in institution of the first information report.
On the other hand, learned counsel for the State submitted that though there is some delay in registration of the first information report, the petitioners are alleged to have assaulted the informant with Farsa causing injury on her person. Be that as it may, regard being had to the submissions made above as also the statement made in the petition that the petitioners have got no criminal antecedent, in the event of arrest or surrender in the court below within six weeks from today, they are directed to be released on 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 Additional Chief Judicial Magistrate-VIII, Darbhanga in connection with Moro P.S. Case No.66 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T