Jirwa Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41870 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -SIRDALA District- NAWADA ======================================================
1. Jirwa Devi, Wife of Rajdev Prasad Yadav
2. Rajdev Prasad Yadav Son of Banwari Prasad Yadav.
3. Nanhaku Prasad Yadav @ Nanku Prasad Yadav, Son of Banwari Prasad Yadav.
4. Binesh Prasad Yadav, Son of Rajdev Prasad Yadav. All residents of Village- Banjhoriya Tola Kaiwal Kuraha, P.S.- Sirdala, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suresh Singh For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-10-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners, namely, Jirwa Devi, Rajdev Prasad Yadav, Nanhaku Prasad Yadav @ Nanku Prasad Yadav and Binesh Prasad Yadav apprehend their arrest in connection with Sirdala P.S. Case No.61 of 2016 under Sections 147, 148, 149, 447, 341, 323, 379, 307, 354A and 504 I.P.C.
According to the prosecution case, the petitioners with intention to kill the informant parties assaulted them with lathi and took away gold chain also. Learned counsel for the petitioners submitted that there is dispute between the parties in connection
Patna High Court Cr.Misc. No.41870 of 2016 (2) dt.17-10-2016 with purchase of one piece of land. Both parties are claiming the land as their own land. For the same occurrence petitioners have also lodged F.I.R. being Sirdala P.S. Case No.60 of 2016 which is also under Section 307 I.P.C. along with other ancillary sections of I.P.C.
Perused the F.I.R. It appears that there are free fightings between both the parties with regard to dispute in connection with purchase of land.
Considering the nature of allegation and the fact that there are cases and counter cases and that the petitioners are members of one family, I direct the petitioners named above to surrender before the court below within one month from today and on their so surrendering they 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 learned A.C.J.M.-V, Nawada in connection with Sirdala P.S. Case No.61 of 2016.
(Mungeshwar Sahoo, J) Harish/- U