Patna High CourtCR. MISC./34167/2017bail granted

Bhim Yadav And ORS v. The State Of Bihar

2017-08-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34167 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -BELCHHI District- PATNA ======================================================

1. Bhim Yadav, son of Jageshwar Gope

2. Sakal Yadav, son of Jageshwar Gope

3. Shiv Kumar @ Shiv Yadav, son of Bhim Yadav

4. Sukhila Devi @ Surmila Devi, wife of Bhim Yadav

5. Usha Devi, wife of Sakal Yadav, all residents of village Jodhan Bigha, P.S. Belchi, district Patna .... Petitioners

Versus

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

For the Petitioners : Mr. Arun, Adv. For the State : Mr. Mr. Sunil Kumar Pandey, APP 141 For informant : Manoj Kumar Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-08-2017 Heard the learned counsel for the petitioners, the informant and the State.

This is a petition for grant of anticipatory bail for offence under Sections 147, 148, 149, 323, 341, 326 and 307 of the Indian Penal Code.

Civil suit is going on between the parties. In the aforesaid background, there is allegation of commission of assault by the petitioners to the informant's side. There is case and counter case. Specific allegation is against petitioner Surmila Devi to have caused injury with sharp cutting weapon on the head of the informant.

The learned counsel for the informant opposed the prayer.

Considering the background of allegation as well as the fact that the impugned order reveals that opinion regarding injury allegedly caused by Surmila Devi is still pending and Surmila Devi is a female as well as considering the general and

Patna High Court Cr.Misc. No.34167 of 2017 (2) dt.23-08-2017 2/2 omni bus allegation against other petitioners, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each in connection with Belchhi P.S. Case No. 18 of 2017 to the satisfaction of the Subdivisional Judicial Magistrate, Barh, Patna, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √