Anita Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54182 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================
1. Anita Devi, W/o Mithilesh Rai,
2. Mithilesh Rai S/o Nitya Nand Rai, 3.Ramesh Rai @ Ramesh Kumar S/o Mithilesh Rai, All R/o Vill.- Himmatpur, P.S.- Raghopur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 325, 307, 379, 504, 506, 34 of the Indian Penal Code.
The prosecution case, in brief, is that when the informant's mother and brothers were sitting at the door of house, the accused persons having armed with Lathi-Danda, Bhala and Gadansa came and started abusing them. On protest, they assaulted brothers and mother of the informant, as a result of which, they sustained injuries.
It has been submitted on behalf of the petitioners that the
Patna High Court Cr.Misc. No.54182 of 2018 (4) dt.26-10-2018 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is case and counter case between the parties. A free fight is alleged to have taken place. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. Both sides are agnates. The alleged incident is said to have taken place due to property dispute. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 Additional Chief Judicial Magistrate-IV, Vaishali in connection with Raghopur P.S. Case No. 18 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T