Poonam Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50966 of 2018 Arising Out of PS.Case No. -279 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================
1. Poonam Devi, Wife of Anil Kumar Tiwari,
2. Abhay Kumar Bittu, Son of Anil Kumar Tiwari, Both are reisdent of Mohalla- Krishna Mohan Nagar, Road No. 3, Damodarpur Pathantoil, P.S.- Kanti, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mrs.R. Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard the parties.
The petitioners seek pre-arrest bail in Kanti P.S.Case No.279 of 2017 registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, 337, 294, 504 and 506 of Indian Penal Code.
Allegation against the petitioners is of assault to the informant and specific allegation of giving knife blow against petitioner no.2 to the brother of the informant causing injury at his hand.
Submission of the learned counsel for the petitioners is that after investigation police finding the case untrue against the petitioners submitted final form but the court below after differing
Patna High Court Cr.Misc. No.50966 of 2018 (2) dt.04-09-2018 2/2 from charge sheet took cognizance against these petitioners. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, West, Muzaffarpur, in Kanti P.S.Case No.279 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioners will not induce any witness or tamper with the evidence and the petitioners shall cooperate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) AnilKrSinha/- U