Mundrika Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39923 of 2015 Arising Out of PS.Case No. -71 Year- 2015 Thana -SANDESH District- BHOJPUR ======================================================

1. Mundrika Singh S/o Chhatu Singh

2. Ramesh Singh@Ramesh Kumar S/o Mundrika Singh

3. Sumitra Devi W/o Mundrika Singh All are residence of Village Kori, P.S. Sandesh ,District Bhojpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Gopal Govind Mishra, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-01-2016 Heard Sri Gopal Govind Mishra, learned counsel for the petitioners and learned Addl. Public Prosecutor. Three petitioners, apprehending their arrest in connection with Sandesh P.S. Case no.71/2015 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code, have prayed for grant of anticipatory bail. Learned counsel for the petitioners submits that so far allegation against petitioner no.1 is concerned, he opened fire but fire missed, causing no injury. In respect of petitioner no.2 he submits that allegation is that he gave knife blow, whereas allegation against the petitioner no.3 is that she gave injury by Pahsul. .Learned counsel for the petitioners further submits that

Patna High Court Cr.Misc. No.39923 of 2015 (3) dt.28-01-2016 2/2 the allegation made in the F.I.R. is not corroborated the injury report.

In this case, earlier case diary was called for, which has been received. Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail.

So far as petitioner nos. 1 and 2 are concerned, in view of material available on record, the Court is not inclined to grant anticipatory bail. Accordingly, the prayer for anticipatory bail of petitioner nos. 1 and 2 stands rejected.

So far petitioner no.3 is concerned, keeping in view the nature of accusation and also the fact that she is lady, let the petitioner no.3, namely, Sumitra Devi, in the event of her arrest or surrender within a period of six weeks from today, 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 Sri Sidarth Pandey, learned Judicial Magistrate, 1st Class, Bhojpur, Ara in connection with Sandesh P.S. Case no.71/2015 subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U