Sita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50329 of 2018 Arising Out of PS.Case No. -620 Year- 2016 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sita Devi, Wife of Deepak Prasad,

2. Radha Devi, Wife of Maharaj Mistri @ Ramchandra Prasad, Both are residents of Village- Noniyar Chikpatti Ward No.07, Police Station- Bettiah Town (Kalibagh O.P.), District- West Champaran.

3. Awadhesh Prasad @ Awadhesh Sah, Son of Shrisati Sah,

4. Arun Sah @ Arun Kumar, Son of Awadhesh Prasad @ Awadhesh Sah,

5. Guddu Kumar, Son of Awadhesh Prasad @ Awadhesh Sah, 3 to 5 are residents of Village- Mahana Bazar (Sariswa Road), Police Station- Bettiah Muffasil, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Bettiah Town P.S. Case No. 620 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 379, 316 and 317 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is that the petitioners along with others entered into the house of the informant and assaulted and when the daughter-in-law of the informant case to save her, they also assaulted her by means of fists and legs, causing miscarriage of her pregnancy and also

Patna High Court Cr.Misc. No.50329 of 2018 (3) dt.30-08-2018 2/2 committed theft of PAN Card, Passbook and ATM. Submission of the learned counsel for the petitioners is that the petitioners have falsely been implicated in this case due to property dispute and the F.I.R. had been lodged after five months of the occurrence without giving any plausible reason and the petitioners have no criminal antecedents. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, District- West Champaran in connection with Bettiah Town P.S. Case No. 620 of 2016, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T