Kalawati Debi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6305 of 2016 Arising Out of PS.Case No. -215 Year- 2015 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Kalawati Debi, Wife of Angad Mishra,

2. Chandrashekhar Mishra, Son of Angad Mishra, Both are resident of Village- Biur, Police Station- Chainpur, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Pathak For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case initially registered for the offences punishable under Sections 341, 323, 325 and 504/34 of the Indian Penal Code subsequently Section 379 of the IPC was also added.

Prosecution case is that on 08.11.2015 at 7 PM in the evening the informant was at her house when FIR named accused persons including the petitioners started abusing and also assaulted the informant with slaps and bricks as a result the informant received injury on the finger of left hand. It is also alleged that the accused persons snatched ear-pin and Mangalshutra of the informant.

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.6305 of 2016 (2) dt.09-02-2016 2/2 for the occurrence of 08.11.2015 the FIR was registered on 09.11.2015 which reached to the court of learned ACJM on 19.11.2015 which suggests that the FIR was registered by antedating when on 19.11.2015 itself Section 379 IPC was added in the FIR. The injury report also suggests that doctor examined the informant on 19.11.2015 at 2.30 PM and found two superficial simple injuries.

Considering the delayed lodging of the case, transmission of the FIR to the court of learned ACJM and medical examination of the informant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Asst. C.J.M., Bhabhua (Kaimur) in connection with Chainpur P.S. Case No. 215 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T