IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30061 of 2011
1.Ramdeyal Mukhiya S/o late Tapeshwar Mukhiya
2.Ramswarup Mukhiya @ Sarup Mukhiya @ Dhurup
Mukhiya S/o late Tapeshwar Mukhiya
3.Kumanti Devi W/o Deo Saran Mukhiya
4.Mangari Devi W/o Sarup Mukhiya
All resident of village-Mahanwa, P.S.-Majhoulia
Distt.-West Champaran at Bettiah
Versus
The State of Bihar
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2. 8.9.2011. Heard learned counsel for petitioners and learned
counsel for the State.
The petitioners apprehend their arrest in connection with
a case registered for the offence under sections 341, 323, 324, 307,
379, 448, 504 and 506/34 of the Indian Penal Code.
Learned counsel for the petitioners at the very outset
submits that petitioner no.3, Kumanti Devi, has already been taken
into custody and thus her application for grant of anticipatory bail
has become infructuous.
Accordingly, the application for grant of anticipatory
bail of petitioner no.3 is dismissed as infructuous.
It is submitted on behalf of the petitioners that specific
allegation of causing injury by means of Garasa is upon petitioner
no.3, Kumanti Devi. So far as petitioner nos.1 and 2 are concerned
there is no allegation that they were armed with any weapon.
Petitioner no.4 is alleged to have been armed with Lathi and there is
general and omnibus allegation against her. It is also submitted that
the injuries sustained by Jhalo Devi are all simple in nature.
Admittedly, the dispute relates to passage. The informant and the
2
petitioners are neighbour.
Taking into consideration the aforesaid facts let the
petitioners, namely, Ramdeyal Mukhiya, Ramswarup Mukhiya @
Sarup Mukhiya @ Dhurup Mukhiya and Mangari Devi in the event
of their arrest or surrender before the court below within a period of
four weeks from the date of receipt/communication of the order be
released on bail on furnishing bail bonds of Rs.5,000/- (five
thousand) with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Bettiah West Champaran in
connection with Majhoulia P.S. Case No.138 of 2011 subject to the
conditions as laid down under section 438(2) of the Code of
Criminal Procedure.
Md.S. ( Ashwani Kumar Singh, J.)