Lakhiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81711 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- OBRA District- Aurangabad ====================================================== 1.
Lakhiya Devi Wife of Ramchandra Yadav R/O Village- Sihuri Tola, Dighara, P.S.- Obra District- Aurangabad 2.
Minto Devi Wife of Laldev Yadav R/O Village- Sihuri Tola, Dighara, P.S.- Obra District- Aurangabad 3.
Manti Devi @ Manti Kumari Wife of Srikant Yadav, D/O Laldeo Yadav R/O Village- Sihuri Tola, Dighara, P.S.- Obra District- Aurangabad 4.
Pintu Kumar @ Pintu Yadav Son of Ramchandra Yadav R/O Village- Sihuri Tola, Dighara, P.S.- Obra District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar For the Opposite Party/s :
Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2024
1. Heard learned Senior Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Obra Police Station Case No. 166 of 2023, dated 23.04.2023, disclosing offences punishable under Sections 307/341/323/324/325/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that while the informant was at his house, the petitioners arrived there and assaulted the informant and
Patna High Court CR. MISC. No.81711 of 2024(2) dt.06-12-2024 2/3 his family members with sword and farsa.
4. Learned Senior Counsel for the petitioners submits that both the parties are agnates and there is admitted land dispute between them. He further submits that the informant has lodged Land Dispute Case No. 29 of 202122 before the D.C.L.R., Daudnagar, on 04.12.2021 against the petitioners and others. He further submits that there is case and counter case inasmuch Obra Police Station Case No. 167 of 2023 has been lodged by the side of the petitioners against the informant and his family members. He next submits that the injuries caused to the informant and his family members are simple in nature, He next submits that the petitioner nos. 1 to 3 are lady engaged in household activities, whereas, the petitioner no. 4 resides in Surat and similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. 49451 of 2023.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is land dispute between them, there is case and counter case between the parties and the injuries sustained by the informant and his family
Patna High Court CR. MISC. No.81711 of 2024(2) dt.06-12-2024 3/3 members are simple in nature and similarly situated coaccused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. 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 bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Obra Police Station Case No. 166 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T