Sharma Devi and Others vs The State of Bihar

Jitendra Mohan Sharma, J.—Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners apprehend their arrest in connection with Mehasi P.S. Case No. 166 of 2013 registered for the offences punishable under Sections 341, 436, 427, 504, 323/34 of the Indian Penal Code.

Allegedly, on 24.09.2013 at about 08:00 P.M. all the accused persons including these petitioners started abusing, pelting bricks, stones, attacked the informant and also set fire to his house burning she-goat, grains, ornaments and cash to ashes.

Learned counsel for the petitioners seeks the privilege of pre-arrest bail of the petitioners placing their innocence, false implication and submitting that there is case and counter case, as a matter of fact, the house of the informant and the petitioners are adjacent to each other, the informant and his men burnt the house of the petitioners and the fire engulfed the house of the informant also. The dispute is for a passage and further the informant party are giving threats.

The learned A.P.P. opposes the prayer of bail.

Considering the submissions urged at the bar, going through the F.I.R. of both the cases, impugned order, record and noticing that F.I.R. of this case was registered earlier and thereafter, the petitioner No. 1 also lodged the case at police station, during investigation witnesses vide para-8, 19 and 20 of the case diary have supported and corroborated the version of the informant as is evident from the impugned order and as such, this Court is not inclined to grant the privilege of pre-arrest bail to the petitioners but in case and if so advised, they surrender in the court below within one month and seek regular bail then their prayer for regular bail can be considered on its own merit without being prejudiced by this order on the same day and accordingly, this anticipatory bail petition is hereby disposed of.

Let this order be communicated to the court of Chief Judicial Magistrate, Motihari in connection with Mehasi P.S. Case No. 166 of 2013 through fax at the cost of the petitioners.