Kundan Kumar @ Birju Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53822 of 2016 Arising Out of PS.Case No. -110 Year- 2016 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================
1. Kundan Kumar @ Birju Kumar S/o Kamleshwar Singh,
2. Alok Kumar, S/o - Kamleshwari Singh.
3. Barsa Kumari D/o Kamleshwari Singh.
4. Jooli Kumari S/o Kamleshwari Singh, All are Resident of VillageRambagh, Ward No. 04, Udakishunganj, P.S.- Udakishunganj, DistrictMadhepura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-12-2016 Heard the Counsel for the petitioners and the APP for the State.
Four petitioners herein, which include female accuseds, pray for grant of anticipatory bail in Udakishunganj P.S. Case No. 110 of 2016 registered under sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.
The informant has alleged that while he was at the shop, six accused persons including the petitioners arrived and co-accused Durga Kumar assaulted him on different parts of the body whereas the co-accused Sunita Devi assaulted the wife of the informant. There is general and omnibus allegation against the petitioners herein that they assaulted the wife of the informant. Learned counsel submits that the allegation against the petitioners is
Patna High Court Cr.Misc. No.53822 of 2016 (2) dt.20-12-2016 2/2 general and omnibus and co-accused Durga Kumar has been granted anticipatory bail vide order dated 05.12.2016 in Cr. Misc. No. 51626 of 2016. Petitioners have fair antecedents. Considering the above, in the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to 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 S.D.J.M., Udakishunganj at Madhepura in Udakishunganj P.S. Case No. 110 of 2016 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:
(i) One of the bailers shall be the own/close family members of the petitioners.
(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T