Patna High CourtCR. MISC./32708/2014bail granted

Shila Devi And ANR. v. The State Of Bihar

2015-02-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32708 of 2014 Arising Out of PS.Case No. -319 Year- 2013 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shila Devi W/o Lakhindra Sah

2. Bindeshwar Thakur s/o Mangal Thakur Both are residents of village - Bairagi tola Karariya, P.S. Kotwa, Distt. - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Kotwa P.S.Case No. 319 of 2013 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.

Although there is specific allegation against the petitioner no. 2, that he gave Bhala blow causing injury on the hand of the informant but submission on behalf of the petitioners is that after due investigation, petitioners were not sent up for trial by the Investigating Officer.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.32708 of 2014 (2) dt.09-02-2015 2/2 well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class Sadar at Motihari in trial no. 5458 of 2014 arising out of Kotwa P.S.Case No. 319 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Namita/- U