Guddi Devi @ Gudiya Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17739 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -BRAHMPUR District- BUXAR ======================================================

1. GUDDI DEVI @ GUDIYA DEVI Wife of Janmejay Thakur

2. Pansunari Devi @ Pansundari Devi Wife of Indrashan Thakur

3. Jammejay Thakur @ Janmejay Kuear Son of Indrashan Thakur All are Resident of Village- Diya Parmeshwar, P.S. Krishna Brahm, DistrictBuxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shree Kant Pandey For the Informant :` Sri Arvind Kumar Pradhan For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2017 Heard the parties.

The petitioners are apprehending their arrest in connection with Brahmpur (Krishna Brahm) P.S.Case No.82 of 2017 registered for offences punishable under Sections 341, 323, 307, 379, 447 and 504/34 of the Indian Penal Code. Allegation against the petitioner is about assault on the informant.

It is submitted on behalf of the petitioners that there is general and omnibus allegation against them. So far these petitioners are concerned, the specific allegation of assault is against some of the other co-accused persons. Further, there is a

Patna High Court Cr.Misc. No.17739 of 2017 (2) dt.25-04-2017 2/3 case and counter-case between the parties due to land dispute. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail. Having heard both sides and in view of the fact that there is general and omnibus allegation against them as well as there are case and counter case between the parties, as such, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Buxar in connection with Brahmpur (Krishna Brahm) P.S.Case No.82 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.17739 of 2017 (2) dt.25-04-2017 3/3 U