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Patna High CourtCR. MISC./45628/2017bail granted

Bhanu Mallik And ORS v. The State Of Bihar

2017-10-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45628 of 2017 Arising Out of PS. Case No.-82 Year-2017 Thana- RAXAUL District- East Champaran ====================================================== 1.

Bhanu Mallik son of Jangali Mallik 2.

Vikram Mallik Son of Bhanu Mallik 3.

Akash Mallik @ Akash Kumar son of Bhanu Mallik 4.

Pramila Devi @ Urmila Devi wife of Bhanu Mallik, All residents of village Ahirwa Tola, Ward No. 7, Police Station - Raxaul (Haraiya O.P.), District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. YOGENDRA KUMAR, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners armed with lathi, fatha came and assaulted to Rajendra Mallik and Mahesh Mallik, both sons of sister of the informant. When Bihari Mallik and Laxmi Devi came to rescue them, they were also assaulted by them. They snatched golden chain and nose ring of Laxmi Devi.

It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.45628 of 2017(2) dt.03-10-2017 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. General and omnibus allegation has been made. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Raxaul P.S. case No.82 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. , (Sudhir Singh, J) Narendra/- U T