Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4555 of 2020 Arising Out of PS. Case No.-49 Year-2019 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== 1.

POONAM DEVI Wife of Nippo Kumar Singh Resident of Village - Hariharpur, P.S.- Kajraili, District - Bhagalpur. 2.

Guneshwar Prasad Singh Son of Jadu Prasad Singh Resident of Village - Harchandi, P.S.- Rajoun, District - Bhagalpur at present Banka. 3.

Bhusho Mandal @ Bhuwneshwar Singh Son of Late Yaddu Prasad Singh Resident of Village - Harchandi, P.S.- Rajoun, District - Bhagalpur at present Banka.

4.

Saurav Kumar Son of Guneshwar Prasad Singh Resident of Village - Harchandi, P.S.- Rajoun, District - Bhagalpur at present Banka. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with Kajraili P.S. Case No. 49/2019 registered under Sections 147, 341, 323, 448, 354(B), 379 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that so far as these petitioners are concerned, there is no specific allegation against them and the thrust of the allegation are against the coaccused Nippo Singh who is said to have entered into the house of the informant, misbehave with her and then he had also

Patna High Court CR. MISC. No.4555 of 2020(2) dt.23-01-2020 2/3 attacked the son of the informant and that petitioners have got no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case and the submission of learned counsel for the petitioners which has not been controverted by learned A.P.P. for the State that so far as these petitioners are concerned, there is no specific allegation against them and the thrust of the allegation are against the co-accused Nippo Singh who is said to have entered into the house of the informant, misbehave with her and then he had also attacked the son of the informant allegedly, let the above-named petitioners, in the event of their arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - XIV, Bhagalpur, in connection with Kajraili P.S. Case No. 49/2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when

Patna High Court CR. MISC. No.4555 of 2020(2) dt.23-01-2020 3/3 required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T