Patna High CourtCR. MISC./19295/2016bail granted

Nawal Kishor Thakur And ANR. v. The State Of Bihar

2016-05-18Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19295 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -SHARGHAT DistrictMADHUBANI =====================================

1. Nawal Kishor Thakur, S/o Umeshwar Thakur.

2. Niraj Kumar Thakur @ Niraj Kumar, S/o Nawal Kishor Thakur.

Both R/o Village-Baigara, P.S.-Saharghat, DistrictMadhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. For the Opposite Party/s : Mrs. Asha Devi (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Saharghat P.S. Case No.08 of 2016, disclosing offences under Sections 341, 323, 324, 307, 354, 379 and 504/34 of the Indian Penal Code. The occurrence had taken place on 07.01.2016. The petitioners and the informant belong to the same

Patna High Court Cr.Misc. No.19295 of 2016 (2) dt.18-05-2016 2/3 family. On the basis of the Fardbeyan of the wife of petitioner No.1, a First Information Report, being Saharghat P.S. Case No.04 of 2016, was earlier registered on 07.01.2016.

Learned counsel for the petitioners has submitted that for an occurrence, said to have taken place on the same day, i.e., 07.01.2016, the present First Information Report has been filed on 24.01.2016. He has further submitted that no offence, under Section 307 of the Indian Penal Code, is made out against these petitioners.

Considering the genesis of occurrence and submissions advanced on behalf of the petitioners, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Benipatti, District-Madhubani, in connection with Saharghat P.S. Case No.08 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court Cr.Misc. No.19295 of 2016 (2) dt.18-05-2016 3/3 petitioners, abovenamed, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T