Mala Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37512 of 2018 Arising Out of PS.Case No. -61 Year- 2018 Thana -DAGARUA District- PURNIA ======================================================

1. Mala Devi, W/o Late Upendra Roy.

2. Amola Devi, W/o Shankar Roy,

3. Vinod Roy, S/o Late Upendra Roy,

4. Pappu Roy @ Pappu Kr. Roy, S/o Late Upendra Roy,

5. Meera Devi, W/o Vinod Roy, All resident of Village- Dastapar, Dhanuk Tola, P.S.- Dagrua, District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in a case instituted for the offences under Sections 147, 149, 337, 504, 427, 109 and 353 of the Indian Penal Code.

There is a case and counter case from both sides. Allegation has been made to have caused injury to each other, but specific allegation has been made against Vinod Roy who has caused injury by Farsa on the head of mother of the informant. Allegation has been made against Pappu Rai who have caused injury by Fatta. There is no specific allegation

Patna High Court Cr.Misc. No.37512 of 2018 (2) dt.05-07-2018 2 /2 against petitioner no.1, 2 and 5, namely, Mala Devi, Amola Devi and Meera Devi respectively.

Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner nos. 1, 2, 4 and 5, namely, Mala Devi, Amola Devi, Pappu Roy @ Pappu Kr. Roy and Meera Devi, 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 Additional Chief Judicial Magistrate - 2, Purnea in connection with Dagrua P.S. Case No.61 of 2018, G.R. No. 1189 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With regard to the petitioner no.3, namely, Vinod Roy, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of four weeks, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court.

(Shivaji Pandey, J) Vinay/- U T