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Patna High CourtCR. MISC./4386/2017bail granted

Arun Kumar Sah And ORS v. The State Of Bihar

2017-02-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4386 of 2017 Arising Out of PS.Case No. -252 Year- 2016 Thana -PALASI District- ARRARIA ======================================================

1. Arun Kumar Sah, son of Mahanand Sah

2. Most. Dukhni Devi @ Most. Dukhani, wife of late Shiv Lal Sah

3. Upendra Sah @ Upendra Kr. Sah, son of Bhim Sah

4. Ruko Devi, wife of Upendra Sah

5. Bina Devi @ Rina Devi, wife of Arun Kumar Sah

6. Ganga Devi, wife of Bhim Lal Sah All are residents of village Garhara, P.S. Palasi, Distt. Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code.

It has been submitted that the petitioners are alleged to be merely a member of unlawful assembly. There is no specific overt act against the petitioners.

From the written report, it appears that there is specific allegation against co-accused Bhim Lal Sah of assaulting with iron rod on the head of father of the informant. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.4386 of 2017 (2) dt.13-02-2017 2/2 let the petitioners above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Palasi P.S. Case No. 252 of 2016, shall 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 learned Additional Chief Judicial Magistrate-III, Araria, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T