Suchita Devi @ Suchia Debi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65457 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

Suchita Devi @ Suchia Debi, W/o Deepak Tiwari Resident of Village - Dubey Batraha, P.S.- Fulwaria, Distt.- Gopalganj. 2.

Deepak Tiwari, Son of Late Rajendra Tiwari Resident of Village - Dubey Batraha, P.S.- Fulwaria, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-11-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Phulwaria P.S. Case No.86 of 2019, for the offence punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code. The allegation against the petitioners is that petitioner No.1 assaulted the informant by means of Khanti on his nose and petitioner No.2 hurled stones upon the informant from the roof.

Learned counsel for the petitioners submits that both the parties are co-sharers. Learned counsel further submits that there is land dispute between them. Learned counsel further

Patna High Court CR. MISC. No.65457 of 2019(2) dt.07-11-2019 2/2 submits that there is case and counter case between the parties inasmuch as the side of the petitioners have also lodged complaint case bearing Complaint Case No.1197 of 2019. Learned counsel referring to Annexure-3 submits that injury caused to the informant has been found to be simple in nature. Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are co-sharers and there is land dispute between them and injury caused to the informant has been found to be simple in nature, I am inclined to grant anticipatory bail to all these petitioners.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIII, Gopalganj, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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