Bindo Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45578 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -ALAMNAGAR District- MADHEPURA ======================================================
1. Bindo Devi, Wife of Dinesh Sah,
2. Tila Devi, Wife of Sagar Sah,
3. Sagar Sah, Son of Late Bangali Sah,
4. Munni Devi, Wife of Mahesh Sah,
5. Santosh Sah @ Santosh Kumar, Son of Sagar Sah, All resident of Village- Keshopur, Police Station- Alam Nagar, DistrictMadhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s : Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Alam Nagar P.S. Case No. 107 of 2017 instituted for the offence under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
There is allegation against petitioner No. 3 of assaulting Manoj Sah with sharp cutting weapon (Dabia) on his head.
Case diary has been received where the Doctor has found one lacerated wound size 1/3" x 1/2" skin deep which has
Patna High Court Cr.Misc. No.45578 of 2017 (3) dt.01-11-2017 2/3 been caused by hard and blunt substance. The Doctor has found the injury to be simple in nature. There is no allegation of specific overt act against petitioner Nos. 1, 2 4 and 5. There is case and counter case between the parties in which both sides have sustained injuries.
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 Alam Nagar P.S. Case No. 107 of 2017 corresponding to G.R. No. 574 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 Sub Divisional Judicial Magistrate, Udakishunganj, Distt. Madhepura, 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,
Patna High Court Cr.Misc. No.45578 of 2017 (3) dt.01-11-2017 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T