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Patna High CourtCR. MISC./65199/2019bail granted

Kamla Devi v. The State Of Bihar

2019-11-04Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65199 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- NOKHA District- Rohtas ====================================================== 1.

KAMLA DEVI Wife of Durga Paswan Resident of Village- Parwa, P.S.- Nokha, District- Rohtas.

2.

Raju Paswan Son of Ram Awadah Paswan Resident of Village- Parwa, P.S.- Nokha, District- Rohtas.

3.

Sunil Paswan Son of Ram Awadh Paswan Resident of Village- Parwa, P.S.- Nokha, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Nokha (Dharmpura) Police Station Case No. 169 of 2019, disclosing offences under Sections 341/323/324/307/379/504/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners, along with other co-accused persons, assaulted the informant.

Learned Counsel for the petitioners submits that both the parties are co-villagers and there appears to be land dispute

Patna High Court CR. MISC. No.65199 of 2019(2) dt.04-11-2019 2/2 between them. He, referring to Annexure-2, submits that injuries caused to the informant are simple in nature. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, there appears to be land dispute between them and injuries caused to the informant are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sasaram, Rohtas, in connection with Nokha (Dharmpura) Police Station Case No. 169 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √