Minta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74441 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

MINTA KUMARI W/o Bhuneshwar Kumar R/o Jamalpur Bigha, Ward no. 2, P.S.- Sheikhpura, Distt- Sheikhpura.

2.

Bhuneshwar Kumar S/o Govind Mahto R/o Jamalpur Bigha, Ward no. 2, P.S.- Sheikhpura, Distt- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sinha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sheikhpura P.S. Case No. 66 of 2022, registered under Sections 147, 148, 149, 323, 307, 384, 379, 427, 506 and 504 of the Indian Penal Code.

As per the allegation made in the F.I.R., the petitioners directed to stop the work of construction initiated by the informant.

Learned counsel appearing on behalf of the petitioners submitted that informant has tried to grab the land of the petitioner relating to Khata No. 13, Khesra No. 159, Area 68 decimal. The dispute is civil in nature and relates to title. He

Patna High Court CR. MISC. No.74441 of 2022(2) dt.17-05-2023 2/3 further submitted that both the parties quarrel, which is resulted into fierce fight and petitioner without any intention may have injured any of the members of the informant side. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner. Having heard both the sides as well as from perusal of the F.I.R., it appears that parties have claimed over a piece of land on which informant was making some construction which was objected by the petitioners side. The petitioner no.1 and 2 are husband and wife appears to have injured some member of the informant in their self defence.

The petitioner above named is directed to be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 66 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been

Patna High Court CR. MISC. No.74441 of 2022(2) dt.17-05-2023 3/3 stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) manish/- U T