Tileri Devi @ Anju Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.63148 of 2017 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63148 of 2017 Arising Out of PS.Case No. -100 Year- 2017 Thana -JAMHORA District- AURANGABAD ======================================================

1. Tileri Devi @ Anju Devi, W/o Jai Prakash Ram,

2. Puja Kumari, D/o Dhananjay Ram,

3. Dudheshwar Ram, S/o Late Ramchandra Ram, All resident of VillageDhangain, P.S.- Jamhore, District- Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2018 Heard the learned counsel for the petitioners and learned APP for the State.

In this application, the petitioners apprehend their arrest for the offences in connection with Jamhore P.S. Case No. 100 of 2017 punishable under Sections 341, 323, 324, 308, 354/34 of the Indian Penal Code.

Allegedly, when the informant Guriya Kumari was going to attend the call of nature, co-accused Guddu Kumar caught her breast and began to drag her towards his house, then she raised alarm whereupon, the petitioners and co-accused Jai Prakash Ram came and assaulted the informant causing injuries to her and she became senseless.

Patna High Court Cr.Misc. No.63148 of 2017 (2) dt.01-02-2018 Submission is of false implication and both parties are descendant of common ancestors. There is land dispute between them. The entire allegation is vague. Specific allegation under Section 354 IPC is against Guddu Kumar and under Section 308 IPC against Jai Prakash Ram and, as such, the petitioners deserve sympathetic consideration.

Learned APP opposes the prayer of pre-arrest bail. Considering that against the petitioners there is no specific allegation and as such, the petitioners, in case of their surrender or arrest within four weeks from the date of receipt/production of a copy of this order shall be enlarged on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Learned Chief Judicial Magistrate, Aurangabad in connection with Jamhore P.S. Case No. 100 of 2017 subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) sushma/- U T