Asha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14163 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Asha Devi wife of Vijay Singh

2. Mukesh Singh son of late Umesh Singh

3. Mantoo Singh son of late Umesh Singh All are residents of village - Nayagaon, Bariyarpur, P.S. Desari, District - Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dharmendra Kumar Paswan For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-04-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 324, 380, 307, 447, 427 and 506 of the Indian Penal Code.

The prosecution case is that on 31.12.2015 at 6.00 P.M. the informant was sitting at his door when the accused persons including the petitioners came and on the order

Patna High Court Cr.Misc. No.14163 of 2016 (2) dt.07-04-2016 2/3 of petitioner no. 1 Asha Devi, co-accused Vijay Singh assaulted with Farsa on the head of the informant causing injury whereas co-accused Rahul Raj assaulted with sword on the nose of the informant and other accused persons assaulted with lathi and butt of firearm. Thereafter the informant was brought to the local hospital and from where he was referred to PMCH. It is submitted by learned counsel for the petitioners that the specific accusation of assault has been alleged against co-accused Vijay Singh and Rahul Raj and the doctor has found sharp cut injury on the person of the informant. Though, the petitioners are accused in two other cases but they are on bail in Desari P.S. Case No. 320 of 2015 and in Desari P.S. Case No. 15 of 2016 final form has been submitted against petitioner no. 3 and against petitioner nos. 1 and 2 investigation is pending.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Desari P.S.

Patna High Court Cr.Misc. No.14163 of 2016 (2) dt.07-04-2016 3/3 Case No. 04 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T