Kaushal Sao And ORS v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.47174 of 2014 (3) dt.29-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47174 of 2014 Arising Out of PS.Case No. -61 Year- 2014 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================
1. Kaushal Sao Son of Late Radhe Sao
2. Sonu Kumar @ Pinnu Kumar Son of Kaushal Sao
3. Geeta Devi Wife of Kaushal Sao
4. Guria Kumari D/o- Kaushal Sao All Resident of Village - Akbarpur, P.S.- Hilsa, District - Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Manisha Devi Wife of Raj Ballabh Sao Resident of Village - Akbarpur, P.S. - Hilsa, District - Nalanda.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners submits that petitioner No. 1 (Kaushal Sao) has already been taken into custody. Therefore, the application against petitioner No. 1 has become infructuous.
It is accordingly, dismissed as having become infructuous. The petitioners No. 2 to 4 apprehend their arrest in connection with a case registered for the offences punishable under Sections 323/325/380/448/34 of the Indian Penal Code. Learned counsel for the petitioners submits that though
Patna High Court Cr.Misc. No.47174 of 2014 (3) dt.29-01-2016 there is specific allegation against the petitioner no. 2 of having attacked the complainant on her hand as per Annexure-2. So far as the other petitioner Geeta Devi and Guria Kumari are concerned, there is general and omnibus allegation against them. Learned counsel for the informant submits that all the petitioners had assembled together and attacked three persons resulting into injuries.
However, considering the fact it was only petitioner No.2 who had attacked the complainant Manisha Devi who sustained injury on her hand and also considering the fact there is general and omnibus allegation levelled against the two others and that the petitioners are having no criminal antecedent, let the petitioners No. 2, 3 and 4, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned A.C.J.M. Hilsa, Nalanda, in connection with Complainant Case No. 61C of 2014 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T