Sumitra Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50340 of 2015 Arising Out of PS.Case No. -84 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================
1. Sumitra Devi, wife of Newa Lal Rai
2. Dharamshila Devi, wife of Kapal Rai @ Kapil Rai
3. Pavitri Devi, wife of Raj Ballabh Rai
4. Ranjana Devi @ Ranjana Kumari, wife of Munna Rai All residents of village Bedauli, P.S.- Lalganj, District- Vaishali
5. Geeta Devi, wife of Jugal Kishor Singh, resident of village Bahaura, P.S.- Rajapakar, District- Vaishali at Hajipur.
6. Newalal Rai, son of Bhagya Narain Rai
7. Raj Ballabm Rai, son of Bhagya Narain Rai.
8. Rajeev Rai @ Rajeeb Kumar, son of Kapal Rai @ Kapil Rai
9. Pawan Rai @ Pawan Kumar, son of Newalal Rai All 6 to 9 are residents of village Badauli, P.S.- Lalganj, District- Vaishali
10. Raj Kishore Rai @ Jugal Kishore Singh, son of late Asharfi Rai, Resident of village Bahaura, P.S.- Raja Pakar, District- Vaishali at Hajipur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-11-2015 Petitioners apprehend their arrest in Lalganj P.S. Case No. 84 of 2015 registered under sections 143, 147, 148, 353, 304 of the Indian Penal Code.
When the informant went to the village in connection with execution of a decree of the Court, it is alleged that the accused persons, forming an unlawful assembly, put hindrance in execution of the official duty of the informant. They also pelted stones.
Patna High Court Cr.Misc. No.50340 of 2015 (2) dt.09-11-2015 2/3 Mr. Dayal, referring to the statement made in paragraph 3 of the application, has stated that there is criminal antecedents also as the petitioners are also facing accusations in Lalganj P.S. Case No. 124 of 2015.
Considering the above, the application filed for anticipatory bail on behalf of petitioner nos. 6 to 10 is rejected. They may surrender and seek bail.
So far as petitioner nos. 1 to 5 are concerned, they being the female members, in the event of arrest or surrender in the Court below within four weeks, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Vaishali in Lalganj P.S. Case No. 84 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:
(i) One of the bailers shall be the own/close family members of the petitioners.
(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to
Patna High Court Cr.Misc. No.50340 of 2015 (2) dt.09-11-2015 3/3 cancel the bail bond of the petitioners and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T