Saroj Devi @ Sheoraj Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50338 of 2017 Arising Out of PS.Case No. -216 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1.
Saroj Devi @ Sheoraj Devi, wife of Nageshwar Sahani 2.
Nageshwar Sahani, son of late Adalat Sahani Both resident of village Damobriti, P.S. Harsidhi, Distt. East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Smt. Anusuiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Harsidhi P.S. Case No. 216 of 2017 instituted for the offence under Sections 341, 442, 447, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. As per allegation, the petitioner No. 2 gave farsa blow on the head of the son of the informant and petitioner No. 1 is said to have given knife blow on the hand of the informant. Learned counsel for the petitioners has submitted that dispute arose with regard to lane (gali) between the parties. It has further been submitted that there is no repetition of blow. No injury has been found on the person of the informant. It has further been submitted that the injury sustained by the son of the informant is simple in nature which is evident from the injury report annexed as Annexure2.
Patna High Court Cr.Misc. No.50338 of 2017 (2) dt.17-10-2017 2/2 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 Harsidhi P.S. Case No. 216 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 Chief Judicial Magistrate, Motihari (East Champaran), 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