Sushila Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51716 of 2016 Arising Out of PS.Case No. -119 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Sushila Devi, Wife of Bheshnarayan Prasad.

2. Neeraj Kumar, Son of Bheshnarayan Prasad Both residents of VillageBindwalia, Police Station- Kuchai-kote, District- Gopalganj. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Raghav Prasad, Advocate For the Opposite Party : Mr. Sri Rana Randhir Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner prays for anticipatory bail in connection with Kuchaikote P.S. case no. 119 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 405 of the Indian Penal Code.

It has been submitted on behalf of petitioner that there is no specific allegation against petitioner no. 1 or petitioner no. 2. They along with other assaulted mother-in-law of the informant as a result of which she received one grievous injury. It is further submitted that admittedly there was partition suit earlier to that case and even after partition, the informant was fighting with the petitioner and others with respect to the land and due to

Patna High Court Cr.Misc. No.51716 of 2016 (2) dt.21-12-2016 2/2 that, present case is filed. It has also been submitted that so far petitioner no. 1 is concerned, no specific overt act has been attributed against him except that he was also a member of the mob. So far as petitioner no. 2 is concerned, it is stated that though he is alleged to have assaulted mother-in-law of the informant but FIR shows that other accused have also assaulted mother-in-law of the informant. So far as injury no. 3 received by mother-in-law of the informant is concerned, it is not attributed against this petitioner.

Heard learned A.P.P. also.

Having heard both sides, let the abovenamed petitioner, in the event of his arrest or surrender before the Court below within a period of six weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Kuchaikote P.S. case no. 119 of 2016 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J.) rinkee/- U T