Taramuni Devi @ Usha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24884 of 2016 Arising Out of PS.Case No. -209 Year- 2008 Thana -JAGDISHPUR District- BHOJPUR ======================================================

1. Taramuni Devi @ Usha Devi, wife of Rajeshwar Singh

2. Rajeshwar Singh, son of Jai Singh

3. Bhim Singh, son of Late Majetar Singh All resident of Village: Bimwa Mathiya, P.S: Jagdishpur District: Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-06-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Jagdishpur P.S. Case No. 209 of 2008 initially registered for the offences punishable under Sections 341, 323, 504, 337, 354/34 of the Indian Penal Code and later on, Sections 324, 307, 326 of the Indian Penal Code were also added.

The accusation against the petitioners is that they along with others assaulted the informant as well as his family members. Admittedly, after investigation, the accusation against these petitioners was found untrue and they were not sent up for trial whereas rest F.I.R. named accused persons were charge

Patna High Court Cr.Misc. No.24884 of 2016 (2) dt.16-06-2016 2/2 sheeted but the concerned court took cognizance of the offences against the petitioners also.

Learned counsel for the petitioners points out that other F.I.R. named accused faced trial and they acquitted of the charges and so far as petitioners are concerned, they were not aware of order of taking cognizance against them. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 Additional Chief Judicial Magistrate-7, Ara, Bhojpur in Jagdishpur P.S. Case No. 209 of 2008 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T