Patna High CourtCR. MISC./48724/2014bail granted

Binod Prasad And ORS v. The State Of Bihar

2015-04-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48724 of 2014 Arising Out of PS.Case No. -259 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Binod Prasad son of Sri Moti Mahto

2. Shaila Devi Wife of Binod Prasad

3. Rinki Kumari D/O Binod Prasad. All are resident of VillageLakhanpur, P.S. Mofassil, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Kalyan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-04-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 354, 307, 341, 323, 337, 504 and 34 of the I.P.C. Allegedly, co-accused Mukesh Kumar started doing obscene activities with the daughter of the informant and when wife of the informant went at the house of Mukesh Kumar and asked them co-accused abused and assaulted and thereafter the petitioners also came there and they also abused and assaulted and when son of the informant and others came then the co-accused Mukesh Kumar assaulted him with brick bats causing severe injury.

Patna High Court Cr.Misc. No.48724 of 2014 (2) dt.23-04-2015 2/2 Submission is of false implication and there is case and counter case vide Muffasil P.S. Case No. 260 of 2014 and in retaliation this case has been lodged. Against these petitioners only allegation is that they abused and assaulted and as such they deserve sympathetic consideration, to which the learned A.P.P. opposes.

Considering that against the petitioners only allegation is that they also abused and assaulted to the informant and his wife and as such the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order 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. C.J.M. Gaya in Mofassil P.S. Case No. 259 of 2014, subject to the conditions as laid down in section 438

(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T