Lalpari Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80759 of 2018 Arising Out of PS. Case No.-323 Year-2018 Thana- KESARIA District- East Champaran ======================================================

1. Lalpari Devi, wife of Jalandhar Sahani.

2. Asha Sahani @ Ash Sahani, son of late Nagina Sahani.

3. Shmbhu Sahani, son of late Prasad Sahani.

4. Gaytri Devi, wife of Shambhu Sahani.

5. Santosh Sahani, son of Shambhu Sahani.

6. Jalandhar Sahani, son of late Singhasan Sahani. All are resident of village- Bhagwatiya Tola Siwan, P.S.-Kesariya, District- East Champaran.

... ... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Kesariya P.S. Case No.323 of 2018, registered for the offence under Sections 406, 420, 467, 471, 384, 504 and 506/34 of the Indian Penal Code and under Section 27 of the Arms Act.

Allegation has been made that the accused persons formed an unlawful assembly and came to the field of the informant and started cultivating the land. When the informant

Patna High Court Cr.Misc. No.80759 of 2018(2) dt.25-01-2019 2/2 raised objection, they demanded Rs.5,00,000/- as Randari and also threatened to kill the informant.

Learned counsel for the petitioners submits that there is case and counter case from both the sides. He further submits that basically it is a civil dispute. Looking to the entire facts and circumstances of the case, let the above-named petitioners, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the 11th Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kesariya P.S. Case no. 323 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) pawan/- U T