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Patna High CourtCR. MISC./34895/2019bail granted

Teen Kauri Das @ Teen Kauri Harijan v. The State Of Bihar

2019-05-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34895 of 2019 Arising Out of PS. Case No.-142 Year-2018 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.

Teen Kauri Das @ Teen Kauri Harijan Son of Late Munni Das Resident of Village- Bhawanipur, Police Station- Sanokhar (Amdanda), DistrictBhagalpur. 2.

Sunita Devi @ Sumitra Devi Wife of Teen Kauri @ Teen Kauri Harijan Resident of Village- Bhawanipur, Police Station- Sanokhar (Amdanda), District- Bhagalpur.

3.

Anita Devi Wife of Kundan Das Resident of Village- Bhawanipur, Police Station- Sanokhar (Amdanda), District- Bhagalpur. 4.

Kirtan Das Son of Teen Kauri Das @ Teen Kauri Harijan Resident of Village- Bhawanipur, Police Station- Sanokhar (Amdanda), DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for anticipatory bail apprehending their arrest in connection with Sanokhar (Amdanda) P.S. Case No. 142 of 2018 registered for the offences under Section 308 and other Sections of the Indian Penal Code.

As per the allegation in the FIR, while the husband of the informant was bathing at the hand pump the accused persons including the four petitioners herein reached there and started abusing. Thereafter, it is alleged that one Kundan Das (not a

Patna High Court CR. MISC. No.34895 of 2019(2) dt.29-05-2019 2/2 petitioner herein) assaulted the informant with a spear on the head of the informant. It is submitted by learned counsel for the petitioners that the allegations against the petitioners are general and omnibus in nature. There is specific allegation against one Kundan Das (not a petitioner herein) and that the petitioners have no criminal antecedent.

Learned APP for the State opposes the application. Having heard the learned counsel for the petitioners and the learned APP for the State, in view of the fact that the specific allegation is against one Kundan Das, I am inclined to enlarge the petitioners on bail. Let the petitioners above named surrender in the Court below within six weeks from today. In case of their arrest or surrender, the petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sanokhar (Amdanda) P.S. Case No. 142 of 2018 subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U T