Durga Devi And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.34451 of 2014 (2) dt.18-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34451 of 2014 Arising Out of PS.Case No. -77 Year- 2014 Thana -MUSRIGHARARI District- SAMASTIPUR ======================================================
1. Durga Devi , Wife of Dhaneshwar Mahto
2. Prem Mahto Son of Ram Nandan Mahto
3. Shokarath Mahto Son of Ram Sewak Mahto
4. Lakshman Mahto , Son of Bandu Mahto.
All are Resident of village- Gangapur , P.S- Musrigharai , District :- Samastipur .
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 18.02.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.
Petitioners apprehend their arrest in connection with Musarigharari P.S. Case no. 77/2014 registered under sections 341, 323, 448, 354, 504, 506//34 of the IPC and section 3 (I) (X) of the SC/ST (Prevention of Atrocities ) Act, 1989.
There is case and counter case between the parties and general allegation of assault has been levelled against the petitioners. Moreover, according to the prosecution case itself, alleged occurrence is said to have taken place inside the house of the informant and furthermore, occurrence took place due to assault to petitioner no.1 by informant's son.
Considering the aforesaid facts and circumstances as well as
Patna High Court Cr.Misc. No.34451 of 2014 (2) dt.18-02-2015 submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners 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 Smt. Richa Bhargava, Judicial Magistrate, Ist Class, Samastipur/concerned court in Musarigharari P.S. Case no. 77/2014 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T