Muni Pandit And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53918 of 2015 Arising Out of PS.Case No. -98 Year- 2015 Thana -KAMTAUL District- DARBHANGA ======================================================

1. Muni Pandit, son of late Lutai Pandit

2. Birendra Pandit @ Bambam Pandit, son of Munni Pandit

3. Akhilesh Pandit @ Gobardhan Pandit, son of Munni Pandit

4. Rani Devi @ Rani Pandit, wife of Munni Pandit

5. Sunaina Devi, wife of Birendra Pandit

6. Usha Devi, wife of Akhilesh Pandit .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Jha, Advocate For the Opposite Party/s : Mr. Dr. M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/447/341/323/324/307/354/379/504/506 of the Indian Penal Code.

The prosecution case is that the accused persons surrounded the informant and petitioner no.1 Munni Pandit wanted to kill the informant, on his instruction, co-accused Dhirendra Pandit, assaulted on the head of the informant with 'farsa' when he fell down then co-accused Akhilesh and Birendra Pandit assaulted him with iron rod and 'khanti'. It is further alleged that when his sons and daughter-in-law came to rescue

Patna High Court Cr.Misc. No.53918 of 2015 (2) dt.27-11-2015 2/2 then they were also assaulted by the accused persons. It is specifically alleged that co-accused Dhirendra Pandit pulled the daughter-in-law of the informant down by catching her hair and made assault with 'lathi', 'danda' and also tore her clothes. It is submitted by learned counsel for the petitioners that the petitioners are agnate of the informant and injury of the informant's side has been found superficial, simple in nature. Though, the petitioners' side, at earlier point of time, lodged Kamtaul P.S. Case No.95 of 2015 against the informant and others. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, 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 ACJM-V, Darbhanga in connection with Kamtaul P.S. Case No.98 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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