Ram Pujan Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53415 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -DIDARGANJ District- PATNA ======================================================
1. Ram Pujan Singh
2. Ram Ji Singh Both Sons of Raman Bihari Singh
3. Anju Devi @ Manju Devi W/o Ram Pujan Singh All residents of Village- Fatehpur, P.S. - Didarganj, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate. For the Opposite Party/s : Mr. Satyavarat Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2018 Heard learned counsel for the petitioners and the State.
Learned counsel for the petitioners has submitted that petitioner Nos. 1 and 2 have already been arrested. Therefore, the prayer for anticipatory bail against them has become infructuous. Accordingly, the prayer for anticipatory bail of petitioner Nos. 1 and 2 is dismissed as having become infructuous. The petitioner No. 3 apprehends his arrest in Didarganj P.S. Case No. 01 of 2017 instituted for the offence under Sections 147, 148, 149, 447, 341, 323, 324, 307, 379, 504 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners has submitted that
Patna High Court Cr.Misc. No.53415 of 2017 (3) dt.30-01-2018 2/3 petitioner No. 3 is lady. She has filed Didarganj P.S. Case No. 12 of 2017 against the informant and others in which she has also sustained injury.
In the written report there is allegation against petitioner No. 3 that she with other accused persons assaulted the informant with iron rod, Fasuli, Bhujali etc. on his head. The injury report of the informant has been enclosed as Annexure-3 and the same is also available in paragraph-34 of the case diary. In the injury report the Doctor has found injury Nos. 1, 2 and 4 to be simple in nature and Injury No. 3 was grievous in nature.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner No. 3 namely, Anju Devi @ Manju Devi is allowed. In the event of surrender/arrest of the petitioner No. 3, named above, within six weeks from today, in connection with Didarganj P.S. Case No. 01 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Anant Kumar, learned Judicial Magistrate, 1st Class, Patna City, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property
Patna High Court Cr.Misc. No.53415 of 2017 (3) dt.30-01-2018 3/3 within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers 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 petitioner. (Sanjay Priya, J) S.Ali/- U T