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Patna High CourtCR. MISC./54287/2015rejected

Santosh Mukhiya And ORS v. The State Of Bihar

2015-12-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54287 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -SHARGHAT District- MADHUBANI ======================================================

1. Santosh Mukhiya son of Ram Kumar Mukhiya

2. Surendra Mukhiya son of Ram Kumar Mukhiya

3. Ramsakhi Devi wife of Late Bhutu Mukhiya All residents of village- Ratauli Minti Sashaula Tole, P.S.- Saharghat, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Saharghat P.S. Case No.18 of 2015 registered under Sections147, 148, 149, 341, 323, 324, 307, 379, 504, 506 and 448 of the Indian Penal Code.

In view of direct and specific allegation against petitioners no.1 and 2, namely, Santosh Mukhiya and Surendra Mukhiya that they assaulted the informant, his brother and his brother-in-law repeatedly with knife, I am not inclined to grant them anticipatory bail. Accordingly, their

Patna High Court Cr.Misc. No.54287 of 2015 (2) dt.09-12-2015 2/2 prayer for anticipatory bail is rejected.

So far as the petitioner no.3 Ramsakhi Devi is concerned, in the event of arrest or surrender in the court below within four weeks from today, she is directed to be released 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 Ajay Kumar, Judicial Magistrate, 1st Class, Benipatti, Madhubani in connection with Saharghat P.S. Case No.18 of 2015 corresponding to G.R. No.584 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T