Mamta Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63080 of 2018 Arising Out of PS. Case No.-352 Year-2018 Thana- KADAMKUAN District- Patna ======================================================

1. Mamta Devi, W/o Kundan Kumar

2. Ritu Raj, S/o Kundan Kumar

3. Harsh Raj @ Om Raj, S/o Kundan Kumar, All Resident of Mohalla-Purvi Lohanipur, Kashi Nath Lane, House No.-12, Satya Annapoorna Kunj, P.S.-Kadamkuan, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the Opposite Party/s :

Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Kadamkuan P.S. Case No.352 of 2018 for allegedly having committed the offences under Sections 147, 148, 149, 341, 323, 354 and 307 of the Indian Penal Code. Learned counsel for the petitioners submits that the prosecution story is false and concocted and there is absolutely no explanation for the delay in lodging the present FIR. He further submits that there is a family dispute between the parties and the petitioners and the informant's side are own brothers. The entire allegations are ornamental and meant to put the

Patna High Court Cr.Misc. No.63080 of 2018(2) dt.11-12-2018 2/2 petitioners behind bars. A counter case has also been registered bearing Kadamkuan P.S. Case No.358 of 2018.

Considering the fact that the family of the informant and that of the present petitioners are related instantly in close proximity with each other and there was some internal dispute between the parties and there is case and counter case lodged by both sides, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Sri Om Prakash (VI), SubJudge-VII-Cum-A.C.J.M., Patna, in connection with Kadamkuan P.S. Case No.352 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T