Fulwanti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25691 of 2018 Arising Out of PS.Case No. -21 Year- 2017 Thana - SIMULTALA District- JAMUI =====================================

1. Fulwanti Devi, W/o. Naresh Das, Resident of Gadi Telwa, P.S. Simultala, District- Jamui.

2. Kishun Das, son of Hemlal Das.

3. Bisun Das, son of Hemlal Das.

4. Darwari Das, son of Hemlal Das.

5. Binod Das, son of Hemlal Das, Nos. 2 to 5 are Resident of Village- Naukasar, P.S. Simultala, District- Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s :Mr. Satya Prakash Parasar, Adv. For the Opposite Party/s :Mr. Vinod Shankar Modi, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-05-2018 The petitioners seek bail in anticipation of their arrest in connection with Simultala P.S. Case No. 21 of 2017, dated 01.07.2017, instituted for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.25691 of 2018 (2) dt.04-05-2018 2/3 Though the petitioners are said to have assaulted the informant and others, but the injuries suffered by them are said to be simple in nature.

Apart from this, it has been submitted on behalf of the petitioners that no reason has been assigned in the First Information Report for the petitioners to have committed such an occurrence. Except for petitioner No. 1, no specific allegation has been levelled against anyone of the other petitioners.

The petitioners have also brought on record a number of FIRs and the complaint petitions in order to demonstrate that in the past, there had been a series of litigation between the parties and only because of such longstanding dispute between them, the present case has been lodged. The falsity of the allegation, it has been argued, gets further buttressed by the fact that even a handicapped person by 60%, viz. petitioner No. 4 has been made accused in this case.

Considering the nature of accusation, past history of dispute between the parties and the injuries suffered by the victims being simple in nature, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from

Patna High Court Cr.Misc. No.25691 of 2018 (2) dt.04-05-2018 3/3 today, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Simultalla P.S. Case No. 21 of 2017. (Ashutosh Kumar, J) Praveen-II/- U T