Ashok Mistri @ Ashok Mistri Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16207 of 2020 Arising Out of PS. Case No.-249 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.

Ashok Mistri @ Ashok Mistri Sah S/o Late Sajjan Mistri R/o villageBhavtiya, P.S.- Sour Bazar, District- Saharsa 2.

Geeta Devi @ Sangeeta Devi @ Shangeeta Devi W/o Ashok Mistri R/o village- Bhavtiya, P.S.- Sour Bazar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

04-09-2020 Heard learned counsel for the petitioners as well as learned A.P.P. for the State through video conferencing. The petitioners apprehend their arrest in Sour Bazar P.S. Case No. 249 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code. As per prosecution case, petitioners alongwith other FIR named accused abused son of informant and when he protested, it is alleged that petitioner no. 1 assaulted him with rod. The allegation against petitioner no. 2 is that she alongwith one Parwati Devi took ornaments worth Rs. 17,500/-. It is submitted on behalf of petitioners that petitioners have falsely been implicated due to land dispute between the

Patna High Court CR. MISC. No.16207 of 2020(2) dt.04-09-2020 2/2 parties. There is case & counter case and both sides sustained injury. It is further submitted that petitioner no. 1 is own brother of the informant and petitioner no. 2 is wife of petitioner no. 1. It is further submitted that co-accused Babloo Mistri and Parwati Devi have already been granted anticipatory bail by this Court, vide order dated 24-01-2020 passed in Cr.Misc. No. 85599 of 2019 (Annexure - 4 to the petition). Petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances, the anticipatory bail application is allowed.

In the event of arrest or surrender within a period of eight weeks from the date receipt/production of copy of this order, let the above-named petitioners be enlarged 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 Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 249 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T