Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50983 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.
Usha Devi Wife of Upendra Sada 2.
Sulekha Devi Wife of Munna Sada 3.
Babita Devi @ Kabita Devi Wife of Lakshman Sada 4.
Khushboo Devi Wife of Pandaw Sada All are resident of Village - Santosh, P.S.- Alauli, Distt - Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kishore Thakur For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Alauli P.S. Case No. 81 of 2019 registered for offence punishable under sections 147, 148, 341, 323, 504 of the Indian Penal Code and 25 (1-b)A/37 of the Arms Act.
Allegation has been made that on 14.03.2019 at about 8:00 A.M., Sulendra Sada, husband of informant was coming and suddenly Upendra Sada, Ganga Sada, Munna Sada, Lakshman Sada, Ramo Sada and Pandaw Sada came and jointly said that let the husband of informant be killed
Patna High Court CR. MISC. No.50983 of 2019(2) dt.17-08-2019 2/3 whereupon they started assaulting by lathi, by that time, Upendra Sada took out pistol in order to kill the husband of informant but before that, the informant caught his hand, on that account, bullet has fallen down and after some time, different persons of the village came and allegation has been made against these petitioners that they have assaulted and caused injury to the victim.
The learned counsel for the petitioners submits that the maximum allegation with respect to Arms Act has been attributed against Upendra Sada and against the petitioners, only allegation has been made of assaulting by different weapons.
Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 81 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person
Patna High Court CR. MISC. No.50983 of 2019(2) dt.17-08-2019 3/3 having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Shivaji Pandey, J) Mahesh/- U T