Indu Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30905 of 2016 Arising Out of PS.Case No. -76 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Indu Devi Wife of Bhantoo Paswan @ Mantoo Paswan
2. Lalita Devi Wife of Santoo Paswan,
3. Marachi Devi @ Marochi Devi wife of Raghunath Paswan all residents of Village- Madhubani Ghat, P.S- Muffasil Motihari, District East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-08-2016 Heard the counsel for the petitioners and the State. Three females accused of Muffasil P.S. Case No. 76 of 2016 registered under sections 307 & 379 IPC, have prayed for grant of anticipatory bail.
According to the FIR itself, over a land dispute between the co-sharers, the occurrence is said to have been committed in which the allegation is that the three petitioners assaulted with Lathi/Danda to Gita Devi who received two injuries, one of them was grievous causing fracture of her hand.
The counsel for the petitioners has submitted that Marachi Devi (petitioner no.3) and her son also received several injuries at
Patna High Court Cr.Misc. No.30905 of 2016 (2) dt.09-08-2016 2/2 the hands of the present prosecution side for which another case is lodged. In his submission, it was a fight on the spur of the moment between the ladies of the two families. The petitioners deserve anticipatory bail.
Looking to the background in which the occurrence is said to have taken place and the injuries sustained by both sides, I am inclined to grant the privilege of anticipatory bail. Let the petitioners, named above, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of CJM, East Champaran at Motihari on condition that one of the bailors of each of the petitioners shall be their own/close family members. No sooner the charges are framed, the petitioners shall appear in person on each date faxed at the trial. In case they skip the appearance on two dates in a row, their bail bonds shall stand cancelled.
(Kishore Kumar Mandal, J) HR/- U