Chandrika Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 18704 of 2017 Arising Out of PS.Case No. -273 Year- 2015 Thana -HARSIDHI District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Chandrika Das, Son of Late Briksha Das,
2. Raj Kumar @ Raj Kumar Das, Son of Chandrika Das,
3. Sheo Bachchan Das @ Shiv Bachan Das, Son of Late Briksha Das,
4. Mosmat Laljhari Kuer, wife of Sitaram Das, All resident of VillageGhonghrahan, Bairiya, Brita Tola, Police Station - Harsidhi, DistrictEast Champaran at Motihari. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioners : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party : Mr. Binod Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 447, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. There is allegation against petitioner no. 3 Sheo Bachchan Das that he caused injury at the head of the informant. Submission is that the Doctor has found head injury but simple in nature caused by hard and blunt substance. Petitioner no. 3 Sheo Bachchan Das @ Shiv Bachan Das had knowledge that his act might cause death, hence, I am not
Patna High Court Cr.Misc. No.18704 of 2017 (2) dt.28-04-2017 2/2 inclined to enlarge him on anticipatory bail. Hence, prayer for bail of petitioner no. 3 is refused. There is general and omnibus allegation of commission of assault and theft against other petitioners, namely, Chandrika Das, Raj Kumar @ Raj Kumar Das and Mosmat Laljhari Kuer, hence, they are directed to be released on bail, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XII, East Champaran at Motihari/successor Court in connection with Harsiddhi Police Station Case No.
273 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner nos. 1, 2 and 4 shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner nos. 1, 2 and 4.
Accordingly, this application stands disposed of. Kundan/- (Birendra Kumar, J) U T