Janak Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60050 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- INDUSTRIAL District- Bhagalpur ====================================================== 1.

JANAK DEVI Wife of Subhash Yadav @ Subhash Chandra Yadav, Resident of Village-Jyoti Vihar, Police Station-Industrial, District-Bhagalpur. 2.

Subhash Yadav @ Subhash Chandra Yadav Son of Nand Kishore Yadav, Resident of Village-Jyoti Vihar, Police Station-Industrial, District-Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-09-2019 Heard both sides.

Petitioners apprehend their arrest in Industrial Area P.S. Case No.51 of 2019 registered under Sections 341, 323, 448, 379, 307 and 34 of the Indian Penal Code. The informant alleged that the accused persons received notice under Section 107 of the Cr.P.C. and out of reaction, they entered into his house and assaulted the informant and his family members and took out an attache containing Rs.24,000/- and other ornaments worth Rs.90,000/-. Learned counsel for the petitioners submits that the petitioners are neighbours of the informant. There is a dispute between two sides with regard to passage situated in between

Patna High Court CR. MISC. No.60050 of 2019(2) dt.26-09-2019 2/2 the house of the petitioners and the informant and some scuffle took place for which from the side of the petitioners, Industrial Area P.S. Case No.50 of 2019 was registered. There is no apparent injury on the person of the informant. Having considered the facts that petitioner no.1 is a lady and petitioner no.2 is the husband of petitioner no.1, who are neighbours of the informant and there appears that on account of dispute with regard to passage both sides engaged in mutual assault with each other, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 C.J.M., Bhagalpur in connection with Industrial Area P.S. Case No.51 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T