Gulab Chand Mukhiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25163 of 2016 Arising Out of PS.Case No. -293 Year- 2013 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Gulab Chand Mukhiya, Son of Late Ramji Mukhiya

2. Sunita Devi, Wife of Gulab Chand Mukhiya Both Resident of village - Madhepura, Adarsh Nagar, Ward No. 8, Police Station + District - Madhepura .... .... Petitioners

Versus

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

For the Petitioners : Mr. Durgesh Kumar, Advocate. For the Opposite Party : Mr. Chandra Bhushan Prasad(App) For the Informant : Mr. Kundan Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-08-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State as well as learned counsel for the informant.

The petitioners are apprehending their arrest in connection with Madhepura P.S. Case No. 293 of 2013 registered for the offences punishable under Sections 341, 323, 324, 308 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that after investigation, whatever be the allegations against the petitioners, the final form has been submitted and the petitioners has not been sent up for trial.

Learned counsel appearing on behalf of the informant

Patna High Court Cr.Misc. No.25163 of 2016 (4) dt.31-08-2016 2/2 submits that so far as petitioner no.2 is concerned, he would not oppose her prays for bail as she is a lady but with regard to petitioner no. 1, he submits that petitioner no.1 gave knife blow on the cheek of the informant and as such, he may not be extended the privilege of anticipatory bail.

It appears that the injury reports indicates whatever injury inflicted by petitioner no.1, they have been found to be simple in nature.

Considering the facts and circumstances of the case and that the petitioners have not been sent up for trial, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 293 of 2013 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J.) Ravi/- U T