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Patna High CourtCR. MISC./57218/2015bail granted

Lilawati Devi And ORS v. The State Of Bihar

2015-12-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57218 of 2015 Arising Out of PS.Case No. -69 Year- 2015 Thana -SISWAN District- SIWAN ======================================================

1. Lilawati Devi, Wife of Suresh Singh.

2. Asha Devi, Wife of Late Achaldeo Singh

3. Juhi Kumari, Daughter of Late Achaldeo Singh All are Resident of Village: Bhikhpur Bhagwanpur, P.S. Siswan (M.H. Nagar), District: Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Narendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 of the Indian Penal Code. The prosecution case is that the accused persons including the petitioners entered into the house of the informant when petitioner No. 3 Juhi Kumari sat on the chest of the informant and co-accused Suresh Singh, Abhimanyou Singh and Sri Niwas Singh assaulted with dagger and fists and slaps to the informant. The assailants were being assisted by petitioner Nos. 1 and 2.

It is submitted by learned counsel for the petitioners that since brother of petitioner No. 3 Juhi Kumari was killed on 27.05.2015 at the hands of the informant's side for which Siswan(M.H. Nagar) P.S. Case No. 61 of 2015 was

Patna High Court Cr.Misc. No.57218 of 2015 (2) dt.18-12-2015 2/2 registered under Sections 302/120B/34 of the Indian Penal Code, hence as a retaliatory measure the present case was registered on 07.06.2015 for the occurrence of 26.05.2015 when the fardbeyan was recorded on 28.05.2015. Considering the delayed lodging of the case and the case lodged by the petitioners' side at earlier point of time, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, 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 Judicial Magistrate, Siwan in connection with Siswan(M.H. Nagar) P.S. Case No. 69 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T