Rubi Kumari And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.17277 of 2017 (4) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17277 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -KHANPUR District- SAMASTIPUR ======================================================

1. Rubi Kumari, D/o Rajendra Rai,

2. Chanarash Devi @ Banarash Devi @ Chandrakala Devi, W/o Rajendra Rai,

3. Rajendra Rai, S/o Nathuni Rai,

4. Rohit Rai, S/o Rajendra Rai, All are R/o Gotiyahi, P.S. Khanpur, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar, Advocate. For the Opposite Party/s : Mr. Sri Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Khanpur P.S. Case No. 65 of 2016, registered under Sections 147, 148, 149, 342, 323, 379, 324, 307, 354 and 504 of the Indian Penal Code.

The accusation is that due to land dispute 10 persons named in the F.I.R. including the petitioner surrounded the informant and started to abuse him. When the informant made protest then petitioner no. 3, Rajendra Rai, order to kill him then petitioner no. 4, Rohit Rai gave Farsa blow at the head of the informant and other also caused injury through lathi. When son and daughter-in-law of the informant

Patna High Court Cr.Misc. No.17277 of 2017 (4) dt.13-07-2017 came to save him then they were also assaulted. At that time, petitioner no. 4 snatched Rs.21,000/- from the daughter-in-law of the informant.

Learned counsel for the petitioner submits that injury as found on the person of the informant is simple in nature while the allegation has been made against the petitioner no. 4 to gave Farsa blow at the head of the informant whereas no specific overt act has been attributed against petitioner nos. 1, 2 and 3. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-III, Samastipur, in connection with Khanpur P.S. Case No. 65 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T