Soni Devi And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.39658 of 2015 (3) dt.01-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39658 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -DUMARIA District- GAYA ======================================================
1. Soni Devi w/o Raju Yadav, D/o Bandhu Yadav R/o Village- Tekra, Khurd, P.s Dumariya, Distt -Gaya at Present of Moh- Bebhi P.s Pratappur Distt Chatra(Jharkhand)
2. Naresh yadav S/o Prashid yadav R/o Village Batashpur,p.s Kothi, Distt Gaya.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Shivendra Prasad For the Opposite Party : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Dumariya P.S. Case No. 01 of 2015 pending in the Court of SDJM, Sherghaty, Gaya for the offences instituted under Sections 458, 341, 323, 324 and 307/34 of the Indian Penal Code.
The allegation against the accused persons is that four unknown persons entered in the house of the informant, two of them over-powered the informant and gagged his mouth and two others made inflicted knife blow in his stomach and on hue and cry when villagers assembled, then they all accused persons fled
Patna High Court Cr.Misc. No.39658 of 2015 (3) dt.01-02-2016 away.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no specific injury has been attributed against them. The main allegation is against co-accused Rajesh Yadav and he has been granted regular bail by this Court vide Cr.Misc.No.40358 of 2015. Petitioner no.1 is a lady.
On behalf of the State, it has been submitted that the petitioners are named in the FIR and have actively participated in the alleged occurrence.
Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioners on anticipatory bail, the same is rejected.
Anyhow, if the petitioners surrender in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order and if possible the same may be disposed of on the same day.
(Sudhir Singh, J) B.Kr./- U T