Sarita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3181 of 2019 Arising Out of PS. Case No.-369 Year-2018 Thana- KARAHGAR District- Rohtas ====================================================== 1.

Sarita Devi wife of Rambharat Singh 2.

Ram Bharat Singh son of late Bikarama Singh, Both resident of Village-Bhokhari, P.S.-Karaghar (Sidi/Sirhi) O.P, DistrictRohtas ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiva Ranjan For the Opposite Party/s :

Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-03-2019 This is an application for grant of anticipatory bail in connection with Karaghar (Sidi/Sirhi O.P.) P.S. Case No. 369 of 2018, disclosing offences under Sections 341, 323, 337, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation as per F.I.R. against the petitioners is that they have earlier filed a false kidnapping case against the informant for which, he had sent to jail and thereafter they have also assaulted the informant and his son after that they have referred P.M.C.H. and on 26.09.2018 while the informant was going to the door of one Purshottam Tiwary, the petitioner no.2 threatened the informant to withdraw the case and also fired

Patna High Court CR. MISC. No.3181 of 2019(4) dt.11-03-2019 2/3 upon him, which did not hit him and further allegation against petitioner no.1 and co-accused Prabhakar Singh assaulted by bricks.

Submission of learned counsel for the petitioners is that petitioner no.1 has no criminal antecedent and petitioner no.2 is accused in three other cases, but in earlier two cases, he is on bail and in one case he has been acquitted and furthermore, petitioner no.2 is the own brother of the informant and he has falsely been implicated in this case. So far allegation against petitioner no.1 is concerned, though the allegation of assault by bricks, but no specific allegation has been attributed against her in this regard.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioners on that ground that apart from the criminal antecedent of petitioner no.2, injuries are also grievous in nature.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each

Patna High Court CR. MISC. No.3181 of 2019(4) dt.11-03-2019 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram at Rohtas, in connection with Karaghar (Sidi/Sirhi O.P.) P.S. Case No. 369 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is further subject to the condition not to temper with the evidence or threatened the informant. (Vinod Kumar Sinha, J) Amjad/- U T