Patna High Court - Orders
Rita Devi vs The State Of Bihar on 12 June, 2019
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36551 of 2019
Arising Out of PS. Case No.-223 Year-2018 Thana- BELHAR District- Banka
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1. RITA DEVI Wife of Nirbhay Kr. Sah Resident of village- Gadhirata, Police
Station- Belhar (Khesar), District- Banka.
2. Nirbhay Kumar Sah Son of Late Lakshmi Sah Resident of village-
Gadhirata, Police Station- Belhar (Khesar), District- Banka.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
2 12-06-2019Heard learned counsel for the petitioners and learned APP for the State.
The petitioners in the present case are seeking anticipatory bail in connection with Belhar P.S. Case No. 223 of 2018 registered for the offences punishable under Sections 341, 323, 308, 504, 506/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that there is no specific allegation against the petitioners as the entire allegations are general and omnibus. It is further submitted that both the parties are Gotiyas and there is land dispute between the parties. It is further submitted that the injuries said to have been caused on the body of the informant has been found to be Patna High Court CR. MISC. No.36551 of 2019(2) dt.12-06-2019 2/2 simple in nature. The petitioners have got no criminal antecedent.
Learned APP has opposed the prayer of anticipatory bail.
Considering the facts and circumstances of the case where the parties are Gotiyas and are said to have land dispute as also that the injury said to have been caused has been found to be simple in nature and the petitioners have no criminal antecedent, let the petitioners above named in the event of their arrest or surrender in connection with Belhar P.S. Case No. 223 of 2018 within four weeks from today be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Banka, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajeev Ranjan Prasad, J)
avin/-ved
U T