Patna High CourtCR. MISC./43663/2017allowed

Nirmala Kumari And ANR v. The State Of Bihar

2017-11-23Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.43663 of 2017 (5) dt.23-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43663 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -SISWAN District- SIWAN ======================================================

1. Nirmala Kumari D/o Brij Kishore Mahto

2. Pintu Mahto S/o Brij Kishore Mahto Both are residents of Village - Birti Mal, P.S. - Siswan (Chainpur O.P.) District Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arbind Kumar Singh, Adv. For the Opposite Party/s : Mr. Smt. Suman Kumari Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Siswan (Chainpur O.P.) Police Station Case No. 40 of 2017, disclosing offences under Sections 147, 148, 149, 341, 323, 325, 307, 354, 302, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, there is case and counter case between the parties. The petitioners happen to be student, which is evident from annexures 2 and 3. Hence, the petitioners who are of clean antecedent deserve the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.43663 of 2017 (5) dt.23-11-2017 Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siswan (Chainpur O.P.) Police Station Case No. 40 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T