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Patna High CourtCR. MISC./64158/2018bail granted

Raj Kumar Devi And ANR v. The State Of Bihar

2018-12-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64158 of 2018 Arising Out of PS. Case No.-145 Year-2018 Thana- BALIYA District- Begusarai ======================================================

1. Raj Kumari Devi, Wife of Mahesh Yadav

2. Mahesh Yadav, Son of Gore Lal Yadav Both residents of Village Bari Ballia, P.S. Ballia, District Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Md. Sufiyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Ballia P.S. Case No. 145 of 2018 registered for the offences punishable under Sections 341, 323, 324, 504, 379 and 34 of the Indian Penal Code.

Petitioners are said to have assaulted informant and in that course, petitioner No. 1 allegedly snatched money from the informant.

Submission on behalf of the petitioners is that learned Sessions Judge has not mentioned nature of injury sustained by the informant in the impugned order and, moreover, the

Patna High Court Cr.Misc. No.64158 of 2018(2) dt.12-12-2018 2/2 informant lodged this false case on account of previous enmity. Considering the aforesaid submissions of the parties as well as this aspect of the matter that the petitioners do not have criminal antecedents, this anticipatory bail petition is allowed and it is ordered that above-named 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 learned Chief Judicial Magistrate, Begusarai in Ballia P.S. Case No. 145 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

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