Sushil Roy And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14685 of 2015 Arising Out of PS.Case No. -160 Year- 2014 Thana -KASBA District- PURNIA ======================================================
1. Sushil Roy Son of Sita Ram Roy
2. Rita Devi Wife of Sushil Roy
3. Pintu Roy Son of Kokai Roy
4. Saken Roy Son of Sita Ram Roy
5. Radhiya Devi Wife of Kokai Roy
6. Chandani Devi Wife of Saken Roy
7. Chinki Devi Wife of Mithun Roy .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Suresh Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-04-2015 Heard learned counsels for the petitioner and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 436, 498A, 504 and 506 of the Indian Penal Code.
The accusation is of torture, assault within one and half year of marriage and putting house of the informant on fire. Accusation of assault against all is general and omnibus whereas
Patna High Court Cr.Misc. No.14685 of 2015 (2) dt.13-04-2015 2/3 there is specific accusation that on the order of petitioner no.1 kerosene oil was pored on the house of the informant by petitioner no.4 and petitioner no.1 led fire whereas petitioner no.3 Pintu Roy and co-accused Dhiren Roy assaulted uncle of the informant by iron rod.
It is submitted by learned counsel for the petitioners that petitioners' side lodged Kasba P.S. Case No. 159 of 2014 against the informant at earlier point of time and, therefore, the present case has been lodged. All the petitioners are family members of the husband of the informant. There is no injury report on record.
In view of the above, let the learned Court below consider the prayer for regular bail with respect to petitioner nos. 1 and 4, if they surrender within a period of six weeks, keeping in view of the fact that the case lodged by them at earlier point of time.
This application is, accordingly, disposed off with respect to petitioner nos. 1 and 4.
So far as petitioner nos. 2, 3, 5,6 and 7 are concerned, considering the specific accusation against petitioner nos. 1 and 4, let they be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of
Patna High Court Cr.Misc. No.14685 of 2015 (2) dt.13-04-2015 3/3 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnea in connection with Kasba P.S. Case No.160 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T