Nisha Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31854 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -ISUAPUR District- SARAN ======================================================

1. Nisha Kumari, D/o Shatrudhan Sharma,

2. Munni Devi, W/o Shatrudhan Sharma,

3. Amit Kumar @ Amit Sharma, S/o Hari Nath Sharma

4. Kirpal Sharma S/o Late Nathuni Sharma All are resident of Village- Shampur, P.S Isuapur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhaw Prasad Yadaw For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-08-2016 Heard Sri Sanjay Kumar, learned counsel assisted by Sri Madhaw Prasad Yadaw, learned counsel for the petitioners and learned A.P.P.

Four petitioners apprehending their arrest in Isuapur P.S. Case No. 43 of 2016 registered for the offence under section 307 and other allied sections of the Indian Penal Code have prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioners that there was case and counter case in between the parties. From the petitioners' side an F.I.R. vide Isaupur P.S. Case No. 44 of 2016 was registered in relation to an occurrence which had taken place on the same day. He further submits that petitioner

Patna High Court Cr.Misc. No.31854 of 2016 (2) dt.24-08-2016 2/2 no. 1 and 2 being lady had falsely been implicated in the present case. So far petitioner no. 3 and 4 are concerned in view of material on record I do not find it fit to extend the privilege of anticipatory bail. Accordingly the prayer for grant of anticipatory bail to petitioner no. 3 and 4 i.e. Amit Kumar @Amit Sharma and Kirpal Sharma is hereby dismissed.

Petitioner no. 1 and 2 are lady. Facts disclosed in the F.I.R. and materials on record are sufficient to extend the privilege of anticipatory bail to petitioner no. 1 and 2. Accordingly in the event of arrest or surrender within a period of six weeks from today, let the petitioner no. 1 Nisha Kumari and petitioner no. 2 Munni Devi be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra /concerned court in connection with Isaupur P.S. Case No. 43 of 2016 subject to conditions as contemplated under section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) Praful/- U T