Girdhari Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39631 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Girdhari Yadav, son of Late Mahi Yadav,

2. Navlesh Kumar, son of Girdhari Yadav,

3. Bibha Kumari, daughter of Girdhari Yadav,

4. Shobha Kumari, daughter of Girdhari Yadav, All are resident of villageMasuda, P.S.- Warsaliganj, District- Nawada .... Petitioners

Versus

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

For the Petitioners : Mr. Ramesh Kumar Singh, Adv. For the Opposite Party : Mis Sahin Begam, APP 134 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-11-2016 Heard both the sides.

The petitioners, four in number, apprehend their arrest in Warisaliganj P.S. Case No. 72 of 2016 under Section 307 and other sections of the Indian Penal Code.

The informant named the petitioners and alleged that they have been armed with different weapon came and assaulted the informant and her daughter. It is submitted that there is a counter version and on account of this case has been lodged, but, there is nothing on record to show that the petitioners have got enmity with the informant.

There is specific allegation against petitioner no. 1, Girdhari Yadav, that he assaulted the informant, Lalita Devi, and her daughter, Arti Kumari, causing injuries on their heads. Considering the facts and circumstances, I am not inclined to grant anticipatory bail to petitioner no. 1, Girdhari Yadav, and the same is rejected.

So far as the case of petitioner no. 2, Navlesh Kumar, petitioner no. 3, Bibha Kumari, and petitioner no. 4, Shobha

Patna High Court Cr.Misc. No.39631 of 2016 (4) dt.08-11-2016 Kumari, is concerned, there is no specific allegation of assault against them and petitioners 3 and 4 are young and unmarried girl. Considering the facts and circumstances, the petitioners 2, 3 and 4, namely, Navlesh Kumar, Bibha Kumari and Shobha Kumari, 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.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Warisaliganj P.S. Case No. 72 of 2016 to the satisfaction of the Subdivisional Judicial Magistrate, Nawadah, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √