Lalita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49292 of 2016 Arising Out of PS.Case No. -361 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Lalita Devi W/o Motilal Yadav

2. Motilal Yadav S/o Late Sri Prasad Yadav Both are Resident of VillageHarinagar (Charalya), P.S.- Madhepura (Ghalladh), District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Sections 307 and other sections of the Indian Penal Code.

It has been submitted on behalf of the petitioners that petitioner no.1 is said to have assaulted one Rinky Kumari by Lathi but no sign of injury was found. So far as petitioner no.2 is concerned, he is said to have assaulted informant's wife by farsa on her head which is as per injury report is grievous in nature. It has further been submitted on behalf of the petitioners that there is case and counter case.

Heard learned APP appearing for the State who could

Patna High Court Cr.Misc. No.49292 of 2016 (2) dt.19-12-2016 not controvert this fact.

Having heard both sides and in view of the nature of injury and also considering the fact that there is a case and counter case, let the petitioner no.1, above named, in the event of her arrest or surrender before the court below within six weeks, 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 learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Parmanandpur O.P) P.S. Case No. 361 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioner no.1 will cooperate with the investigation of the case as and when required by the police.

So far as petitioner no.2 is concerned, he is directed to surrender before the court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

(Vinod Kumar Sinha, J) A.I./- U T