Puja Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47874 of 2015 Arising Out of PS.Case No. -852 Year- 2014 Thana -BIHTA District- PATNA ======================================================
1. Puja Kumari
2. Rajeev Kumar @ Tinku Kumar
3. Santosh Mistri All daughter and sons of Ashok Mistri
4. Saryug Mistri son of Late Ram Lakhan Mistri All resident of village - Madhusudanpur, P.S. Bihta, District - Patna .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr.
For the Opposite Party : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 09-11-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend arrest in Bihta P.S. Case No. 852 of 2014 dated 09.11.2014 instituted under Sections 147/149/448/380/504/506/302 of the Indian Penal Code. Allegation against the petitioner is general and omnibus of assault and against one other co-accused, who is not a petitioner herein, namely Ashok Mistri, of inflicting iron-rod blow on the head of the deceased who was father of the informant.
Learned counsel for the petitioners submits that all family members have been made accused for a trivial
Patna High Court Cr.Misc. No.47874 of 2015 (2) dt.09-11-2015 P2/2 occurrence in which the daughter of co-accused Ashok Mistri had a fight with the children of the informant's side leading to brickbats being thrown from both sides and unfortunately the father of the informant died as a result of injury without there being any pre-meditation or deliberate attempt to kill. Learned A.P.P. submits that the petitioner had also assaulted but he is not in a position to controvert the submissions made by learned counsel for the petitioner. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur, Patna in Bihta P.S. Case No. 852 of 2014, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.