Durgawati Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8881 of 2016 Arising Out of PS.Case No. -23 Year- 2014 Thana -LAUKARIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Durgawati Devi W/o Raja Kewat
2. Mauli Devi @ Muali Devi, W/o Govind Kewat
3. Reena Devi, W/o Munib Kewat All resident of village- Patehara Bazar, P.S.- Laukariya, District- West Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-08-2016 Heard learned counsels for the petitioners and the State.
The petitioners have renewed their prayer for anticipatory bail in a case registered for the offences punishable under Sections 147, 148, 341, 342, 323, 447, 307, 302, 504 and 506 of the Indian Penal Code.
Earlier anticipatory bail application of the petitioners was disposed vide order dated07.09.2015 passed in Cr. Misc. No. 36083 of 2015.
The prosecution case is that the accused persons including the petitioners assaulted the father of the
Patna High Court Cr.Misc. No.8881 of 2016 (2) dt.03-08-2016 2/3 informant who subsequently succumbed to the injuries. The further case of the prosecution is that when the informant went to rescue he was assaulted by co-accused Munib Kewat and Manoj Kewat causing injury on his head and when the wife of the informant went to rescue then she was also assaulted. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general and in the background of land dispute, the accusation has been levelled. Moreover, co-accused persons have been granted anticipatory bail vide Cr. Misc. No. 47046 of 2015. It is further submitted that the prayer for anticipatory bail has been renewed on the ground that petitioner no.
2 was in advance stage of pregnancy, hence, she could not surrender and right now the child is at infancy stage and all the petitioners are ladies. This Court is not inclined to revise the earlier order. However, let the learned court below consider the prayer for regular bail of the petitioners keeping in view of the fact that they are ladies, accusation is omnibus and general and ladies co-accused have been granted anticipatory bail vide Cr. Misc. No. 47046 of 2015, if the petitioners surrender before the learned court below within a period of three weeks from today in connection with Laukariya (Pathkhauli) P.S. Case No.
Patna High Court Cr.Misc. No.8881 of 2016 (2) dt.03-08-2016 3/3 2014 pending in the court of learned Judicial Magistrate, Ist Class, Bagaha, West Champaran. It is expected from the learned court below to dispose of the bail application of the petitioners preferably on the same day.
With the aforesaid observation, this application is disposed of.
(Dinesh Kumar Singh, J) DKS/- U T