Alka Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41522 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -DAUDPUR District- SARAN ======================================================
1. Alka Devi, W/o Amrendra Singh @ Amrendra Kumar,
2. Nitesh Singh @ Nitesh Kumar Singh @ Vishwa Ranjan Prakash, S/o Jitendra Narain Singh @ Jitendra Singh,
3. Anjali Devi, W/o Pawan Singh,
4. Umrawati Devi, W/o Jitendra Narain Singh @ Jitendra Singh,
5. Kundan Singh @ Kundan Devi, D/o Jitendra Narain Singh @ Jitendra Singh,
6. Amrendra Singh @ Amrendra Kumar @ Amrendra Kumar Singh, S/o Jitendra Narain Singh @ Jitendra Singh, All resident of Village- Pilue, P.S.- Daudpur, District- Saran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Ranjan Kumar, Advocate. For the Opposite Party/s : Mr. Dilip Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Daudpur P.S. Case No. 94 of 2017 instituted for the offence under Sections 341, 323, 307, 440 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there has been free fight between both sides. Co-accused Pawan Singh has filed Daudpur P.S. Case No. 95 of 2017 against the informant and others in which persons from petitioners' side have also sustained injuries. The aforesaid injuries have been enclosed as Annexure-4 series. The injuries sustained by the injured in the instant case have
Patna High Court Cr.Misc. No.41522 of 2017 (3) dt.03-01-2018 2/2 been enclosed as Annexure-5 series from which it appears that the injuries found on the person of the injured to be simple in nature. The Doctor has found injuries on the person of one of the injured Sukendra Prasad to be grievous in nature.
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 Daudpur P.S. Case No. 94 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 Shri R.M. Tripathi, learned Judicial Magistrate, 1st Class, Saran at Chapra, 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