Kalawati Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29155 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -MEHANDIA District- JEHANABAD ======================================================

1. Kalawati Devi Wife of Sri Madhusudan Sao @ Sudan Sao

2. Upendra Kumar @ Nanku Kumar @ Nanahku Kumar Son of Sri Madhusudan Sao @ Sudan Sao

3. Gopal Sao Son of Sri Madhusudan Sao @ Sudan Sao

4. Sudan Sao @ Madhusudan Sao Son of Late Ram Prasad Sao All are residents of Village - Usari Nima, P.S.- Mehandiya, District - Arwal. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Additional Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Mehandiya P.S. Case No. 25/2016, disclosing offences under Sections 341, 323, 307, 504 of the Indian Penal Code. From the First Information Report it appears that some altercation and fight had taken place between petitioner no.2 and the informant on 18.3.2016, as allegedly, petitioner no.2 had caused obstruction in movement of the informant, who was in his motorcycle. It is alleged in the F.I.R. that petitioner no.2 had assaulted the informant and his son. On the subsequent

Patna High Court Cr.Misc. No.29155 of 2016 (3) dt.20-08-2016 date i.e. 19.3.2016, the informant's son went to the house of petitioner no.2, where petitioner no.2 and his family members assaulted the brother-in-law of the informant. Considering the nature of allegation against these petitioners, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released 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 Chief Judicial Magistrate, Arwal in connection with Mehandiya P.S.Case No. 25/2016, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Surendra/- U