Gaytri Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50533 of 2016 Arising Out of PS.Case No. -117 Year- 2016 Thana -HALSI District- LAKHISARAI ======================================================

1. Gaytri Devi w/o Parkash Mahto

2. Puniya Kumari @ Munni Kumari @ Puniya Kumar D/o Prakash Mahto

3. Parkash Mahto S/o Late Chhotari Mahto

4. Bikash Mahto S/o Parkash Mahto, all of R/O Villawge Billo, P.S. Ramgarh Chark (Halshi), Dist-Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jainendra Kumar, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2016 Mr. Jainendra Kumar, learned Counsel for the Petitioners seeks permission to withdraw the application on behalf of the petitioner No.3 in connection with Halshi P.S. case No.117 of 2016 pending before the court of A.C.J.M. III, Lakhisarai. Application filed on behalf of the petitioner No.3 stands dismissed as withdrawn.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioner Nos.1, 2 and 4 are apprehending their arrest in a case registered under Sections 341, 323, 307, 504 and 354/34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons including the petitioners abused and assaulted the

Patna High Court Cr.Misc. No.50533 of 2016 (2) dt.25-11-2016 2/2 informant and his wife, due to which they sustained head injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The nature of injury is simple. Hence, no offence under Section 307 I.P.C. is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner Nos.1, 2 and 4, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Lakhisarai in connection with Halsi P.S. case No.117 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T