Brij Kumari Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42926 of 2016 Arising Out of PS.Case No. -270 Year- 2016 Thana -BUXAR District- BUXAR ======================================================

1. Brij Kumari Devi wife of Late Brahmeshwar Rai

2. Praful Kumar @ Praful Kumar Ray @ Rinku Ray son of Late Brahmeshwar Rai

3. Pankaj Kumar Rai @ Pankaj Kumar Ray @ Pinku Ray son of Late Brahmeshwar Rai All residents of Malviya Nagar, Dhobighat, Gali No. 2, Buxar, P.S. Buxar Town, District - Buxar, Bihar. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Singh Mr/Mrs Tulika Singh For the Opposite Party/s : Mr. Mohit Raj Mr. Durga Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Buxar Town P.S. Case No. 270 of 2016 for the offences instituted under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioners is of assaulting the informant. It is also alleged that petitioner Pankaj was carrying a pistol and he took Rs. 1500/- from his pocket on the point of pistol.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.42926 of 2016 (4) dt.15-12-2016 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. None is said to have been injured in course of occurrence. No offence under Section 307 of the Indian Penal Code is made out against the petitioners.

On behalf of the State and the counsel for the informant, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Buxar Town P.S. Case No. 270 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T