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Patna High CourtCR. MISC./2731/2018disposed

Yogendra Prasad And ORS v. The State Of Bihar

2018-01-18Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2731 of 2018 Arising Out of PS. Case No.-310 Year-2017 Thana- ISLAMPUR District- Nalanda ======================================================

1. Yogendra Prasad, Son of Late Rajendra Mahto,

2. Rima Devi, Wife of Yogendra Prasad,

3. Ravindra Prasad, Son of Late Rajendra Mahto,

4. Champa Devi, Wife of Ravindra Prasad,

5. Kapila Devi, Wife of Late Rajendra Mahto, All resident of Village- Suhawanpur Sudhi, Police Station- Islampur, DistrictNalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-01-2018 Heard counsel for the petitioners.

No one appears on behalf of the State.

The petitioners belong to one family and have been made accused at the instance of their own family members. It is a case registered under section 307 IPC.

On a trivial issue, it is alleged that when the informant went to petitioner no.1 he not only abused but also assaulted her with an iron rod. There is general allegation against petitioner nos. 2 to 5 about the assault on the daughter of the informant.

Having regard to the background in which the incident had

Patna High Court Cr.Misc. No.2731 of 2018(2) dt.18-01-2018 2/2 occurred and considering the allegation prayer for anticipatory bail made on behalf of petitioner nos. 2 to 5 is allowed. Prayer for anticipatory bail made on behalf of petitioner no.1 Yogendra Prasad is rejected.

Let petitioner nos. 2 to 5, above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- each, with two sureties of the like amount each, to the satisfaction of Additional Chief Judicial Magistrate-III, Hilsa, Nalanda in Islampur P.S. Case No. 310 of 2017 on condition that one of the bailors of each of the petitioners shall be their own/close family members. As soon as the charges are framed, they shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall cancel their bail bonds and secure their arrest in accordance with law. (Kishore Kumar Mandal, J) HR/- U T