Prabhunath Giri And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.11720 of 2015 (2) dt.27-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11720 of 2015 Arising Out of PS.Case No. -695 Year- 2014 Thana -TURKAULIYA District- EAST CHAMPARAN(MOTIHARI) ======================================================

1. Prabhunath Giri son of Late Lakshaman Giri

2. Vinay Kumar Giri son of Prabhunath Giri

3. Rajbhari Devi wife of Prabhunath Singh

4. Gudiya Kumari D/o Prabhunath Giri

5. Veena Kumari D/o Prabhunath Giri All residents of Village : Turkaulia (Asharphy Sah Tola), P.S. : Turkaulia, District : East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jitendra Kumar Giri For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Turkaulia P.S. Case No. 695 of 2014 initially registered for the offences punishable under Sections 147, 148, 149, 323, 324, 380, 448 of the Indian Penal Code on 07.10.2014 but later on, on 10.12.2014, Section 307 of the Indian Penal Code was added. The accusation against the petitioner no. 2 is that he gave farsa blow to the informant whereas allegation against petitioner no. 4 is that she assaulted the informant by iron rod.

Patna High Court Cr.Misc. No.11720 of 2015 (2) dt.27-04-2015 Annexure-2 to the petition reveals that one swelling was found on right occipital region of the informant whereas only pain was found on his left leg and left hand. Furthermore, vomiting tendency was found at the time of examination of the informant. The doctor opined that the informant sustained simple injury but the said injury was dangerous to life. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in Turkaulia P.S. Case No. 695 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T