Patna High CourtCR. MISC./13055/2017bail granted

Pratima Devi @ Pratima Kumari And ORS v. The State Of Bihar

2017-03-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13055 of 2017 Arising Out of PS.Case No. -168 Year- 2016 Thana -SHAHKUND (SAJOR) DistrictBHAGALPUR ======================================================

1. Pratima Devi @ Pratima Kumari, Wife of Sri Shankar Sharma

2. Shankar Sharma, Son of Late Ram Kishun Sharma

3. Preetam Sharma, Son of Sri Shankar Sharma

4. Seema @ Sugga Kumari @ Suggat Kumari, Daughter of Sri Shankar Sharma

5. Raghubir Sharma, Son of Late Ram Kishun Sharma

6. Soni Devi, Wife of Sri Dyalu Sharma

7. Gyani Devi, Wife of Sri Raghubir Sharma All Resident of Village- Chandpur, P.S. Shahkund, (Sajor), DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Shahkund (Sajor) P.S. Case No. 168 of 2016 instituted for the offence under Sections 147, 148, 149, 302, 323, 324, 504 and 506 of the Indian Penal Code.

As per written report co-accused Shankar Sharma assaulted the husband of the informant with Khanti on his head. These petitioners are said to be the members of unlawful

Patna High Court Cr.Misc. No.13055 of 2017 (2) dt.24-03-2017 2/2 assembly.

From the written report it appears that besides the petitioners being the members of unlawful assembly, there is no allegation of any specific overt act against them. It is mentioned in paragraph-3 of the bail petition that the petitioners have clean antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Shahkund (Sajor) P.S. Case No. 168 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T