Makuni Pandit And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53402 of 2015 Arising Out of PS.Case No. -99 Year- 2015 Thana -LODIPUR District- BHAGALPUR ======================================================

1. Makuni Pandit Son of Late Ram Charan Pandit

2. Banarsi Pandit, son of Makuni Pandit

3. Kundan Pandit son of Banarsi Pandit

4. Madhuri Devi @ Madhru Devi, wife of Banarsi Pandit .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mauli Prasad Singh, Advocate For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 323, 315, 341, 354/34, 447 and 504 of the Indian Penal Code. The prosecution case is that for a petty dispute for keeping the she-goat on a particular land co-accused Kamal Kishre Pandti and Indu Devi dragged the informant and, thereafter, on the order of petitioner no.1 Makuni Pandit, coaccused Kamal Kishore Pandit assaulted the informant, as a result the pregnancy of the informant got terminated. It is submitted by learned counsel for the petitioners that accusation of dragging or assaulting is not against the

Patna High Court Cr.Misc. No.53402 of 2015 (2) dt.24-11-2015 2/2 petitioners. The petitioners are agnate of the informant and for a petty dispute the accusation has been levelled. It is further submitted that for the occurrence of 05.09.2015, the FIR was registered on 16.09.2015. Moreover, a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the delayed lodging of the case and the petitioners not being assailants, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Lodipur P.S. Case No.99 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T