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Patna High CourtCR. MISC./48549/2017bail granted

Anchala Kumari And ORS v. The State Of Bihar

2017-10-18Mr. Justice Ashwani Kumar Singh2 pages

Patna High Court Cr.Misc. No.48549 of 2017 (2) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48549 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -SIRDALA District- NAWADA ======================================================

1. Anchala Kumari daughter of Nand Kishor Yadav

2. Malti Devi wife of Nand Kishor Yadav

3. Lalo Yadav son of Nand Kishor Yadav Resident of village - Bandhi, P.S. - Maskaur, District - Nawada, (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Sirdalla (Meskaur) P.S.Case No.76 of 2017 registered under Sections 147, 148, 149, 341, 323, 504, 506 354A, 307 and 379 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that from perusal of the first information report itself it would transpire that the ingredients of the offences punishable under Sections 354A and 307 of the Indian Penal Code are not attracted to the facts of the present case. He submitted that the first

Patna High Court Cr.Misc. No.48549 of 2017 (2) dt.18-10-2017 information report has been instituted against the petitioners in retaliation of Sirdalla (Meskaur) P.S. Case No.75 of 2017 registered on the basis of written report submitted by petitioner no.1 Anchala Kumari under Sections 147, 148, 149, 341, 320, 354A, 504, 325, 307 and 379 of the Indian Penal Code against the informant of the present case and her family members. Learned counsel for the State opposed the prayer for grant of pre-arrest bail to the petitioners.

Considering the materials on record as also the submissions advanced before the Court, the petitioners named above are directed to be released on bail 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-V, Nawada in connection with Sirdalla (Miskaur) P.S. Case No.76 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J) Md.S./- U T