Asha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21885 of 2019 Arising Out of PS. Case No.-102 Year-2016 Thana- PHULWARIA District- Begusarai ====================================================== 1.
Asha Devi, Female, aged about 47 years, wife of Dindayal Yadav. 2.
Dindayal Yadav, Male, aged about 57 years, son of Late Ramswarup Yadav. 3.
Sushil Kumar @ Sushil Kumar Yadav, Male, aged about 30 years, son of Dindayal Yadav.
4.
Sunil Kumar @ Sunil Kumar Yadav, Male, aged about 24 years, Son of Dindayal Yadav.
All are resident of village- Baro, Munshi Tola, P.S.- Phulwaria, District- Begusarai.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Phulwaria P.S. Case No. 102 of 2016, registered for the offence under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.
Allegation has been made against the petitioners to have assaulted the informant by bamboo stick. Specific allegation has been made against the petitioner no.4 to have assaulted the informant with bamboo
Patna High Court CR. MISC. No.21885 of 2019(2) dt.08-04-2019 2/2 stick. No specific allegation has been made against petitioner nos. 1, 2 and 3.
Considering the aforesaid fact, let the above-named petitioner nos. 1, 2 and 3 be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Begusarai, in connection with Phulwaria P.S. Case No. 102 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
So far the bail petitioner no.4 is concerned, the same is rejected. However, if the petitioner surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court.
(Shivaji Pandey, J) pawan/- U T