Usha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67815 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- AGRER District- Rohtas ======================================================
1. Usha Devi Wife of Munna Chaudhary
2. Munna Chaudhary Son of Sukhdeo Chaudhary
3. Kanhaiya Chaudhary Son of Munna Chaudhary
4. Phulwasi Devi Wife of Sukhdeo Chaudhary
5. Anita Devi Wife of Kanhaiya Chaudhary
6. Sukhdeo Chaudhary Son of Prayag Chaudhary
7. Rajgrih Chaudhary @ Rajgirihi Chaudhary Son of Sukhdeo Chaudhary
8. Gangajhali Devi Wife of Rajgrihi Ckhaudhary All Resident of Village-Ramgarh,P.S. Agrer,Distt.-Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsels for the parties.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406 and 420 of the IPC.
The prosecution case as per the written report of Pramila Devi dated 5.7.2018 submitted to the Superintendent of Police, Rohtas is to the effect that the informant gave Rupees Ninety Thousand to her co-villager petitioner no. 1 Usha Devi as loan to be returned within two months. On 9.3.2018 the informant and her husband
Patna High Court Cr.Misc. No.67815 of 2018(3) dt.14-12-2018 2/3 went to demand money, upon which the petitioner no. 1 and her husband abused the informant but subsequently the issue was reconciled and petitioner no. 1 agreed to return the money in three installments but the same was not returned. Again, the demand for return of money was made, in retaliation to which accused persons assaulted the informant, her husband and son.
It is submitted by learned counsel for the petitioners that even assuming the accusation to be true, no criminal offence is made out and statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR.
Considering the accusation arising out of contractual nature of dispute between the parties, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Sasaram, Rohtas in connection with Agrer P.S. Case No. 28 of 2018 subject to
Patna High Court Cr.Misc. No.67815 of 2018(3) dt.14-12-2018 3/3 the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U