Paro Chauhan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43560 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -BHADAURA District- PATNA ======================================================

1. Paro Chauhan son of Late Jaynandan Chauhan

2. Mannu Kumar @ Nandan Chauhan son of Badal Chauhan

3. Chanchala Devi @ Chanchal Devi wife of Paro Chauhan

4. Rekha Devi wife of Sanjeet Chauhan

5. Maya Devi wife of Badal Chauhan

6. Punam Devi D/o Badal Chauhan

7. Sushila Devi wife of Jaynandan Chauhan all resident of Akbarpur Beldari P.S. Bhadaur District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2017 Heard both sides.

The petitioners apprehend their arrest in Bhadaur P.S. Case No. 17/2017, registered for the offences punishable under Sections 147, 447, 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code.

The informant Ramdeo Chauhan named the petitioners and other accused persons and alleged that Sanjeet Chauhan was putting pillar in his land. When the informant protested, Sanjeet Chauhan began to abuse and thereafter Badal Chauhan, Sopey Kumar, Paro Chauhan (Petitioner no. 1), Mannu

Patna High Court Cr.Misc. No.43560 of 2017 (2) dt.19-09-2017 2/3 Kumar (Petitioner no. 2), wife of Paro Chauhan, Maya Devi, wife of Sanjeet Chauhan Rekha devi, Punam Kumari and Sushila Devi also came there. It is alleged that Sanjeet Chauhan assaulted Sangeeta Devi, daughter of the informant with spade on her head. Sopey Kumar assaulted Vishambhar Kumar, son of the informant with Khanti on his head. Sanjeet Chauhan assaulted Anuj Kumar with iron rod and Badal Chauhan assaulted the wife of the informant with iron rod on different parts of body. Learned counsel for the petitioners submits that there is land dispute between the two sides and on account of land dispute this occurrence took place and for that counter case is also lodged.

No specific allegation of assault is made against the petitioners, although the informant made specific allegation against Sanjeet Chauhan, Sopey Kumar and Badal Chauhan. Considering the facts aforesaid and the fact that the occurrence took place due to land dispute and no specific allegation of assault is made against the petitioners and petitioners no. 3 to 7 are ladies, the petitioners above named in the event of their arrest or surrender before the 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 bond of Rs.

Patna High Court Cr.Misc. No.43560 of 2017 (2) dt.19-09-2017 3/3 amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Barh, Patna in connection with Bhadaur P.S. Case No. 17/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T