Shiv Prasad Rai And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.31722 of 2015 (2) dt.17-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31722 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ======================================================

1. Shiv Prasad Rai Son of late Dallu Rai

2. Mukesh Rai Son of late Dallu Rai

3. Suresh Rai Son of late Dallu Rai

4. Tetari devi wife of Mukesh Rai

5. Dilwa devi wife of Suresh Rai All are resident of village- Laxmi Narainpur, P.s Tisiauta, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-08-2015 At the outset, learned counsel for the petitioners submits that during the pendency of this application, petitioner no. 1 has been arrested and as such, the application against him has become infructuous.

Accordingly, the application is dismissed being infructuous.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Tisiauta P.S. Case No. 15 of 2015 registered for the offences punishable under Sections 147, 149, 323, 324, 307 and 506 of the Indian Penal Code and Section 302 of the Indian Penal Code later on added.

Patna High Court Cr.Misc. No.31722 of 2015 (2) dt.17-08-2015 Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to petitioner nos. 2 and 3.

Accordingly, the anticipatory bail application as against petitioner nos. 2 and 3 is dismissed. So far as petitioner nos. 4 and 5 are concerned, there is no specific allegation against petitioner nos. 4 and 5, let the petitioner nos. 4 and 5 namely, Tetari Devi and Dilwa Devi in the event of their arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 15 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Anjana Mishra, J) Jagdish/- U T