Patna High CourtCR. MISC./41659/2017partly allowed disposal

Dilip Thakur And ORS v. The State Of Bihar

2017-09-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41659 of 2017 Arising Out of PS.Case No. -150 Year- 2016 Thana -PHULPARAS District- MADHUBANI ======================================================

1. Dilip Thakur, S/o- Sri Sinehi Thakur @ Sinehi Thakur

2. Laldayi Devi @ Lal Day Devi W/o Dilip Thakur

3. Kiran Devi D/o- Dilip Thakur

4. Mantoria Devi W/o Lalan Thakur

5. Mamta Devi W/o - Rampukar Thakur All are Resident of Village- Navtoli Masjid Pas, P.S. Phulparas, DisttMadhubani.

6. Prameshwar Thakur S/o- Jhameli Thakur Resident of Village- Sittapatti, P.S. Phulparas, Distt.- Madhubani.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate For the Opposite Party/s : Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Phulparas P.S. Case No. 150 of 2016 registered under Sections 147, 341, 504, 379 and 448 read with 34 of the Indian Penal Code as well as Section 3/4 of the Prevention of Witch

Patna High Court Cr.Misc. No.41659 of 2017 (2) dt.20-09-2017 Practices Act.

Regard being had to the direct and specific allegation made against petitioner no.1 Dilip Thakur that he assaulted with iron rod on the head of the informant as a result of which, she sustained severe injuries, I am not inclined to pre-arrest bail to him.

So far as the other petitioners are concerned, since there is no specific allegation against them and they are all family members of the informant having got roots in the society, in the event of arrest or surrender in the court below within four weeks from today, the petitioners, namely, Laldayi Devi @ Lal Day Devi, Kiran Devi, Mantoria Devi, Mamta Devi and Prameshwar Thakur are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 150 of 2016 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T