Sumo Devi @ Suma Devi And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.48552 of 2015 (4) dt.03-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48552 of 2015 Arising Out of PS.Case No. -104 Year- 2015 Thana -HALSI District- LAKHISARAI ======================================================
1. Sumo Devi @ Suma Devi W/o Nageshwar Mali
2. Nageshwar Mali Son of Late Ram Dhani Mali
3. Vikash Kumar @ Bikku
4. Dipak Kumar
5. Rajeev Kumar.
All 3 to 5 sons of Nageshwar Mali All resident of village - Nawadih, Police Station - Halsi, District Lakhisarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Prasad Singh For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2016 Learned counsel for the petitioners has submitted that petitioner no.1 (Sumo Devi @ Suma Devi) has already been granted anticipatory bail vide order dated 16.10.2015. Heard learned counsel for petitioner nos. 2 to 5 and the State.
The petitioners no.2 to 5 are apprehending their arrest in connection with Halsi P.S. Case No. 104/2015 instituted under Sections 448, 341, 323, 504, 506, 354, 307, 379 and 34 of the Indian Penal Code.
The allegation against petitioner nos. 2,3,4 and 5 is that on 5.8.2015 at about 6 P.M. they entered in the house of the
Patna High Court Cr.Misc. No.48552 of 2015 (4) dt.03-02-2016 informant and assaulted the informant and his wife. It has been submitted on behalf of petitioner nos. 2 to 5 that the petitioners have got no criminal antecedent. The petitioners and the informant are agnates and due to petty reason scuffle took place. From perusal of the injury report (Annexure 2) it appears that the injuries are simple in nature except in respect to Mamta Kumari, the opinion, regarding her injury, has been reserved.
On behalf of the State, it has been submitted that petitioners no. 2 to 5 are named in the FIR.
Considering the aforesaid facts, let the above named petitioner nos. 2 to 5, namely, Nageshwar Mali, Vikash Kumar @ Bikku, Dipak Kumar and Rajeev Kumar, in the event of their arrest or surrender in the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Rajendra Das, learned J.M., 1st Class, Lakhisarai in connection with Halsi P.S.Case No. 104 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T