Ambuj Devi @ Manju Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16062 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -HATHAURI District- SAMASTIPUR ======================================================

1. Ambuj Devi @ Manju Devi, Wife of Late Arjun Singh,

2. Abhimanyu Singh @ Monu Singh, Son of Late Arjun Singh. Both are Resident of Village- Kharari, P.S.- Hayaghat, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-04-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Hathauri P.S. Case No. 8 of 2017 instituted for the offence under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code. As per written report there is specific allegation against co-accused Anuj Singh of assaulting the informant with Tangi on his head. There is general and omnibus allegation against the petitioners.

It has been submitted that there is case and counter case between the parties. The injury sustained by the informant is simple in nature which is annexed as Annexure-3. Learned counsel for the opposite party No. 2 has

Patna High Court Cr.Misc. No.16062 of 2017 (2) dt.28-04-2017 2/2 appeared and opposed the prayer for anticipatory bail. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Hathauri P.S. Case No. 8 of 2017, they 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-II, Rosera, Samastipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T