Patna High CourtCR. MISC./41049/2014partly allowed disposal

Kumiya Devi And ANR. v. The State Of Bihar

2015-07-01Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41049 of 2014 Arising Out of PS. Case No. -256 Year- 2013 Thana -PIPRA District- SUPAUL ======================================================

1. Kumiya Devi, W/O Kari Sharma

2. Ranjeet Sharma, S/O Kari Sharma Both R/O Jhitkiyahi , P.S.- Pipra, Distt.- Supaul. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-07-2015 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case under Sections 302/34 of the Indian Penal Code.

The allegation is that the accused persons assaulted the deceased with fists and slaps. Further allegation against petitioner no.1 that she pressed the hydrocele of the deceased. However, the post-mortem report does not support the allegation of pressing of hydrocele.

Having regard to the facts and circumstances of the case, in the event of her arrest/surrender before the court below within four weeks from today, let petitioner no.1, namely, Kumiya Devi, be released on bail on furnishing bail bonds of Rs.10,000/-

Patna High Court Cr.Misc. No.41049 of 2014 (4) dt.01-07-2015 2 / 2 (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Pipra P.S. Case No. 256 of 2013, subject to conditions laid down under Section 438 (2) of the Cr.P.C.

So far as petitioner no.2, namely, Ranjeet Sharma, is concerned, his prayer for anticipatory bail is rejected with liberty that if he surrenders within four weeks from today before the court below and prays for regular bail, the same would be disposed of preferably on the same day without being prejudiced by this order. (Samarendra Pratap Singh, J.) Uday/- U T