Gita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59702 of 2017 Arising Out of PS. Case No.-146 Year-2016 Thana- BAIRIYA District- West Champaran ======================================================

1. Gita Devi, Wife of Ramautar Sah,

2. Kishori Sah, Son of Late Bagar Sah,

3. Shyamsundar Sah, Son of Late Bagar Sah, All Residents of Village- Hat Saraiya, P.S.- Bairiya, District- West Champaran. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party :

Mr. Humayou Ahmad Khan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148,149,341, 323, 308 and 325 of the IPC.

The prosecution case is that eight accused persons including the petitioners caused injury with sharp cutting weapon on the leg of the mother of the informant and when Rohit Kumar and Subhash Sah came to rescue, then they were also assaulted.

It is submitted by learned counsel for the petitioners that no injury report of informant's side is available on record and the accusation against the petitioners is omnibus and general. Petitioners' side also lodged two case being Bairiya P.S. Case

Patna High Court Cr.Misc. No.59702 of 2017(2) dt.12-12-2017 2/2 No. 144 of 2016 and Bairiya P.S. Case No. 47 of 2015, against the informant's side and in the background of property dispute between the parties, the present case has been lodged. A statement has been made in paragraph no.3 of the petition, that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, West Champaran at Bettiah in connection with Bairiya P.S. Case No. 146 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T