Lilawati Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56956 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================
1. Lilawati Devi wife of Brajendra Paswan
2. Shailendra Paswan Son of Budhan Paswan
3. Malti Devi Wife of Budhan Paswan All residents of Village : Parsa, P.S. Muffasil, District Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners apprehend their arrest in connection with Mufassil P.S.Case No. 109 of 2017 registered for the offence punishable under Sections 341, 323, 324, 325, 354, 447, 448, 308, 504, 379 and 34 of the Indian Penal Code.
It is alleged in the written report that all the accused persons armed with lathi, rod, khanti and Gadasa came to the door of the informant and assaulted the informant. It is further alleged that they also assaulted the female members of the family and took away ornaments and cash etc.
It has been submitted that this case is a counter blast of
Patna High Court Cr.Misc. No.56956 of 2017 (3) dt.01-12-2017 2/3 the Complaint Case No. 569 of 2017, filed against the petitioner and others. The injury has been found on the person of the informant is simple in nature (Annexyutr-2.) and there is no specific allegation against the petitioners and the petitioners have no criminal antecedent.
In the facts and circumstances of the case, and taking into consideration that injuries are simple in nature, the prayer of Anticipatory bail of petitioners are allowed and they in the event of arrest or surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each in connection with Mufassil P.S.Case No. 109 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at
Patna High Court Cr.Misc. No.56956 of 2017 (3) dt.01-12-2017 3/3 liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) Sudha/- U T