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Patna High CourtCR. MISC./45700/2019bail granted

Bindu Devi v. The State Of Bihar

2019-07-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45700 of 2019 Arising Out of PS. Case No.-106 Year-2019 Thana- OBRA District- Aurangabad ====================================================== 1.

BINDU DEVI Wife of Sudarsan Prasad Resident of Village- Purnadih, P.S.- Obra, District- Aurangabad.

2.

Sudarshan Prasad Son of Ramji Mehata Resident of Village- Purnadih, P.S.- Obra, District- Aurangabad.

3.

Pinku Kumari @ Pinki Kumari D/o Chandrashekhar Prasad Resident of Village- Purnadih, P.S.- Obra, District- Aurangabad. 4.

Bimli Devi Wife of Chandrashekhar Prasad Resident of Village- Purnadih, P.S.- Obra, District- Aurangabad.

5.

Chandrashekhar Prasad Son of Ramji Mehta Resident of Village- Purnadih, P.S.- Obra, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2019 Heard both sides.

The petitioners apprehend their arrest in Obra P.S. case No. 106 of 2019 registered under Section 307, 379 and some other minor Sections of the IPC.

The informant alleged that the accused persons entered into house of his father-in-law, Mohan Prasad, and assaulted his father-in-law and others and snatched ornaments from his wife, Soni Kumari, on 27.04.2019 but when the informant went to enquire from the petitioners on 29.04.2019 the petitioners are alleged to have assaulted the informant. The learned counsel for the petitioners submits that Chandrashekhar Prasad is own brother of Mohan Prasad, father-

Patna High Court CR. MISC. No.45700 of 2019(2) dt.24-07-2019 2/2 in-law of the informant. Chandrashekhar Prasad lodged Obra P.S. case No. 105 of 2019 prior to institution of the present case for the occurrence which took place on 29.04.2019. The informant alleged that petitioners entered into the house of his father-in-law on 27.04.2019 but no case was registered for the occurrence dated 27.04.2019. It is further submitted that present case was registered only to create defence of Obra P.S. case No. 105 of 2019.

Considering the facts aforesaid and nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Aurangabad in connection with Obra P.S. case No. 106 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T