Basanti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39278 of 2017 Arising Out of PS.Case No. -50 Year- 2016 Thana -KHARAGPUR District- MUNGER ======================================================

1. Basanti Devi, wife of Pradip Poddar

2. Kundan Poddar, son of Pradip Poddar

3. Manish Poddar, son of Bijay Poddar.

All resident of village- Muzafarganj, P.S- Kharagpur, District-Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-08-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Kharagpur P. S. Case No. 50 of 2016 instituted under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code. The allegation, in brief, is that accused persons came to the house of the informant and assaulted him. It is alleged that Manish Poddar assaulted the informant and he and Sanjay Poddar also assaulted over the head of the informant's uncle with iron rod and Kundan Poddar gave order to snatch away the golden chain of the informant and also allegation against petitioner no. 1 is of committing theft.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.39278 of 2017 (2) dt.19-08-2017 2/2 petitioners and informant are next door neighbours and earlier a complaint case was filed by the petitioners'' side against the informant's side and in retaliation the present has been lodged in which the police, after conclusion of investigation, did not find the petitioners' involvement and accordingly not sent up them for trial, but the learned Chief Judicial Magistrate has taken cognizance of offence and issued summons against these petitioners also and the injury sustained by the uncle of the informant is simple in nature .

Having considered the aforesaid facts and circumstances, let the petitioners, namely, Basanti Devi, Kundan Poddar and Manish Poddar, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- IV, Munger in connection with Kharagpur P.S.Case No. 50 of 2016; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Arun Kumar, J) Sujit/- U