Nilam Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.31032 of 2016 (2) dt.12-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31032 of 2016 Arising Out of PS.Case No. -75 Year- 2016 Thana -RAJAULI District- NAWADA ======================================================

1. Nilam Devi, Wife of Nawal Prasad,

2. Bipul Kumar, Son of Nawal Prasad.

3. Sujit Kumar @ Suchit Kumar, Son of Nawal Prasad. All are resident of Village- Takua Tand, Police Station- Rajauli in the district of Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. M. Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-08-2016 Heard the counsel for the petitioners and Mr. M. Dayal, APP for the State.

The petitioner(s) herein seek anticipatory bail in Rajauli P.S. Case No. 75 of 2016, registered under Sections 341, 323, 379, 308, 504, 506/34 of the Indian Penal Code. In short, the prosecution case is that in the evening the accused(s) person started hurling abuses and when the informant proscribe not to do so, they assaulted with brick on his head and looted some belongings.

Referring to Annexure-2, and the injury reports sustained by petitioner no. 1 (Annexure-3), it is submitted that

Patna High Court Cr.Misc. No.31032 of 2016 (2) dt.12-08-2016 both parties have personal vendetta and received injuries. It was not an act to commit any serious crime. The petitioner(s) have no criminal antecedent.

In the facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in Rajauli P.S. Case No. 75 of 2016 subject to the condition as laid down under Section 438(2), the code of Criminal Procedure with further condition that one of the bailors shall be his own/close family member. The petitioners shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel their bail bonds.

(Kishore Kumar Mandal, J) rohit/- U T