Asha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63861 of 2018 Arising Out of PS. Case No.-39 Year-2013 Thana- FATEHPUR District- Gaya ======================================================

1. Asha Devi, Wife of Mahadeo Yadav,

2. Manoj Yadav, Son of Kuldeep Yadav,

3. Sindhu Devi @ Shindhu Devi @ Shindu Devi, Wife of Manoj Yadav,

4. Archana Devi, Wife of Dinesh Yadav,

5. Savitri Devi, Wife of Mithilesh Yadav,

6. Kuldip Prasad @ Kuldip Yadav @ Kuldeep Yadav, Son of Late Nirmal Yadav,

7. Kaushalya Devi, Wife of Kuldip Prasad @ Kuldip Yadav @ Kuldeep Yadav,

8. Mithilesh Yadav, Son of Late Nirmal Yadav,

9. Mahadeo Yadav, Son of Late Kesho Yadav, All resident of Village- Gopal Kera, P.O.+P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Fatehpur P. S. case no. 39/2013 registered under sections 147, 149, 504, 506 and 420 of the IPC.

Accusation against the petitioners and others is that they made attempt to dispossess the informant forcibly from a land on the basis of a forged document and in that course, they assaulted the informant and others. However, it is submitted that

Patna High Court Cr.Misc. No.63861 of 2018(2) dt.12-12-2018 2/2 title suit between the parties in respect of land in question is pending and in that title suit injunction prayer of the informant has already been rejected. It is also submitted that several coaccused have already been granted privilege of anticipatory bail by learned Sessions Judge, Gaya vide order dated 4.9.2018 passed in ABP no. 2930/2018.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate X, Gaya in Fatehpur P. S. case no. 39/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) s.hassan/- U T