Patna High CourtCR. MISC./39909/2016bail granted

Mala Devi And ANR v. The State Of Bihar

2016-09-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39909 of 2016 Arising Out of PS.Case No. -293 Year- 2013 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Mala Devi wife of Arun Sah

2. Anand Kumar son of Arun Sah Both are resident of Adarsh Nagar, Ward No.08, Madhepura, P.S. & District - Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2016 Heard both sides.

The petitioners, namely, Madhepura P.S. No.

293/2013, apprehend their arrest in a case under Sections 147, 308, 324, 341, 504 read with 149 of the Indian Penal Code. Gajendra Sah, the informant, named the petitioners along with other accused persons. It is submitted that no specific allegation is made against the petitioners. Gulab Chand is alleged to have assaulted the informant with knife on his face. Mala Devi is alleged to have caught hold of Runa Devi, the sister of the informant, and assaulted her but the injury is simple in nature. The police, after investigation, submitted final form finding the case false against the petitioners but the learned court below differing with the finding of the investigating officer took cognizance

Patna High Court Cr.Misc. No.39909 of 2016 (2) dt.19-09-2016 2/2 against the petitioners.

It appears that no specific allegation is made against the petitioners.

Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - III, Madhepura in Madhepura P.S. Case No. 293/2013, corresponding to G.R. Case No. 1083/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T