Amerika Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31492 of 2018 Arising Out of PS. Case No.-52 Year-2018 Thana- BANMANKHI District- Purnia ======================================================

1. Amerika Devi, W/o Yogendra Sah,

2. Deepak Sah S/o Yogendra Sah, Both R/o Vill.- Bela Chand, P.S.- Banmankhi, District- Purnea ... Petitioners

Versus

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

For the Petitioners :

Mr. Dr. Bidhu Ranjan, Adv.

For the Opposite Party :

Mr. Shailendra Kumar Singh, APP 135 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Banmankhi P.S. Case No. 52 of 2018 instituted for the offence under Sections 147, 148, 149, 341, 323, 325, 307, 379 and 504 of the Indian Penal Code.

As per the written report petitioner no. 2 along with Harishchandra Sah assaulted brother of informant on head. It is alleged that petitioner no. 1 gave iron rod to Yogendra Sah. Thereafter, Yogendra Sah assaulted Upendra Poddar with iron rod who later on succumbed to injury. The case diary has been received.

The learned Additional Public Prosecutor has submitted the injury report of brother of informant Satyendra Poddar is simple in nature.

Patna High Court Cr.Misc. No.31492 of 2018(3) dt.10-07-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Banmankhi P.S. Case No. 52 of 2018 they shall 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 the Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) Criminal Procedure Code with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond sand (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) Shamshad/- U T