Patna High Court - Orders
Raj Kumari Devi vs The State Of Bihar on 6 December, 2023
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54902 of 2023
Arising Out of PS. Case No.-110 Year-2023 Thana- MAHNAR District- Vaishali
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1. RAJ KUMARI DEVI WIFE OF BISHESHWAR SAH RESIDENT OF
VILLAGE MANIKPATTI PS MANHAR DISTT VAISHALI
2. BHOLA SAH SON OF BISHESHWAR SAH RESIDENT OF VILLAGE
MANIKPATTI PS MANHAR DISTT VAISHALI
3. GOVIND KUMAR @ GOVIND SAH SON OF BISHESHWAR SAH
RESIDENT OF VILLAGE MANIKPATTI PS MANHAR DISTT
VAISHALI
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 56465 of 2023
Arising Out of PS. Case No.-110 Year-2023 Thana- MAHNAR District- Vaishali
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1. SARITA DEVI wife of Sri Umesh Sah Village- Manikpatti Ps- Mahnar Dist-
Vaishali
2. Tetri Devi wife of Kusheshwar Sah Village- Manikpatti Ps- Mahnar Dist-
Vaishali
3. Raju Sah son of Kusheshwar Sah Village- Manikpatti Ps- Mahnar Dist-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 54902 of 2023)
For the Petitioner/s : Mr. Pranav Kumar
Mr. Rajeev Ranjan No.II
Ms. Priyanka Kumari
Ms. Kumari Rupa
Ms. Anjana Gupta
For the Opposite Party/s : Mr. Narsingh Tanti
For the Informant : Mr. Anil Kumar Gupta
(In CRIMINAL MISCELLANEOUS No. 56465 of 2023)
For the Petitioner/s : Mr. Purushottam Kumar
For the Opposite Party/s : Mr. Umeshanand Pandit
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
Patna High Court CR. MISC. No.54902 of 2023(3) dt.06-12-2023
2/4
ORAL ORDER
3 06-12-20231. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant.
2. This application, for grant of anticipatory bail, arises out of Mahnar Police Station Case No. 110 of 2023, dated 21.04.2023, disclosing offences under Sections 147/148/149/341/323/325/307/302/504/506 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 21.04.2023, while the informant, along with his family members, was sitting at the door of his house, all the named accused persons, total fourteen in numbers, along with four to five unknown persons, armed with lathi, danda, bamboo, rod, sword, etc., arrived at the house of the informant, abused him and when he protested, the accused persons assaulted him with lathi, danda, bamboo, etc. As a result of which he received injury and when the brother of the informant Shyamnandan Sah tried to save him, the co-accused Sonu Kumar Sah and Sumangal Sah assulted informant's brother upon his head with bamboo and rod due to which he sustained head injury and fell on the ground. Patna High Court CR. MISC. No.54902 of 2023(3) dt.06-12-2023 3/4 Thereafter, all the accused persons assaulted informant's brother with lathi, danda, bamboo, and subsequently he died on the spot.
4. Learned counsel for the petitioners submits that both the parties are agnates and the dispute had arisen between them over partition of the family property. In paragraph-9 of the anticipatory bail application in Cr. Misc. No. 56465 of 2023, the genealogy of the family have been mentioned by the petitioners. It has next been submitted that due to land dispute, free-fight had taken place between the family members, therefore, First Information Report, bearing Mahnar Police Station Case No. 133 of 2023, in Cr. Misc. No. 56465 of 2023, was lodged by the husband of the petitioner, namely, Sarita Devi, in which, it is stated that four members of the side of the petitioners have sustained injury. No overt act has been lodged against the petitioners and in the postmortem report, it is mentioned that the deceased has sustained two external injury and the cause of death is head injury. No injury report has been brought by the prosecution of the informant.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the Patna High Court CR. MISC. No.54902 of 2023(3) dt.06-12-2023 4/4 parties are agnates, there is land dispute between them, case and counter-case is also there. No specific allegation of assault upon the deceased is there against the petitioners and allegation of inflicting head injury is upon the co-accused Sonu Kumar Sah and Sumangal Sah and the petitioner nos. 1 and 2 in Cr. Misc. No. 56465 of 2023 are ladies, 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 to the satisfaction of learned Chief Judicial Magistrate, Vaishali, in connection with Mahnar Police Station Case No. 110 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/-
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