Devrani Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15211 of 2018 Arising Out of PS.Case No. -757 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Devrani Devi, W/o Sardari Bhagat @ Alakh Deo Yadav,

2. Pradeep Yadav @ Pradeep Kumar,

3. Ranjit Kumar @ Ranjit Yadav,

4. Sujit Yadav @ Sujit Kumar All Nos.2 to 4 are sons of Sardari Bhagat @ Alakh Deo Yadav, All r/o village- Bhelwa, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Thakur, Advocate. For the informant : Mr. Sushant Praveer, Advocate. Mr. Yogesh Kumar, Advocate.

For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Barachatti P.S. Case No. 757 of 2017 instituted for the offence under Sections 447, 341, 323, 324, 307, 34 of the Indian Penal Code, corresponding to G.R. No. 2498 of 2017.

It has been submitted that there is case and counter case between the parties prior to the present case. Petitioners have also lodged case against the informant and others vide Barachatti P.S. Case No. 748 of 2017.

In the instant case there is allegation that these

Patna High Court Cr.Misc. No.15211 of 2018 (2) dt.12-04-2018 2/3 petitioners assaulted the informant. It is also alleged that nephew of the informant came to save him, then he was also assaulted. The Sessions Judge has mentioned in the impugned order that all the injuries found on the person of the injured were simple in nature except one injury which was at the left ulna, which is said to be grievous.

It is mentioned in paragraph-3 of the bail petition that petitioners have no criminal antecedent.

Learned counsel for the informant has appeared and opposed prayer for anticipatory bail of the petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Barachatti P.S. Case No. 757 of 2017 corresponding to G.R. No. 2498 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Distt. Gaya, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court

Patna High Court Cr.Misc. No.15211 of 2018 (2) dt.12-04-2018 3/3 concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T