Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58141 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- SALAIYA District- Aurangabad ====================================================== 1.

Shakuntala Devi, Wife of Rajdeo Yadav 2.

Ranjan Kumar Son of Rajdeo Yadav Both Resident of Village - Bela, P.S.- Salaiya, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-09-2019 The petitioners apprehend their arrest in connection with Salaiya P. S. Case No. 24 of 2019 registered under Sections 307, 323,324,341,379,504 and 506/34 of the Indian Penal Code. Allegation against the petitioners is that petitioners along with other accused persons assaulted the informant with lathi and danda etc.

Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case inasmuch as there is case and counter case in between the parties due to land dispute. He further submits that both parties are agnates and there is no allegation of assault upon the petitioner no. 1 and allegation of assault upon the informant is against petitioner no. 2 and the injury caused to the informant

Patna High Court CR. MISC. No.58141 of 2019(2) dt.16-09-2019 2/2 has been found to be simple in nature as has been stated by the petitioner in para-10 of this application.

Having regard to the submissions made by the parties and taking into consideration the fact that both parties are agnates and there is case and counter case in between the parties inasmuch as Salaiya P.S.Case No. 25 of 2019 has been filed by the side of the petitioners against the informant for the incident taken place on the same day, as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM-VIII, Aurangabad in connection with Salaiya P.S.Case No. 24 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T