Lalita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2176 of 2016 Arising Out of PS.Case No. -335 Year- 2015 Thana -SIKARPUR District- WEST CHAMPARAN (BETTIAH) ======================================================

1. Lalita Devi, Wife of Shri Mohan Sah,

2. Anil Kumar @ Bade Lal, Son of Shri Mohan Sah, Both resident of Mohalla - Shivganj, Ward No. 7, P.S. - Shikarpur, District - West Champaran, Bettiah.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Saket Tiwary, Advocate For the Opposite Party/s : Mr. Sunil Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 18-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Shikarpur P.S. Case No. 335 of 2015 registered under Sections 341, 323, 353, 509, 506 and 504 read with 34 of the Indian Penal Code.

It is contended that though the alleged occurrence is said to have taken place on 27th July, 2015 and the police was also informed in this regard on the same date, the FIR was sent

Patna High Court Cr.Misc. No.2176 of 2016 (2) dt.18-01-2016 2 / 2 to the Court of the Magistrate on 30th July, 2015 and there is no reasonable explanation for the undue delay caused in transmitting the FIR to the court. The further contention is that except Section 353 IPC, all other Sections are bailable in nature and in the FIR there is no specific allegation against the petitioners to have caused any annoyance to any public servant. Regard being had to the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Shikarpur P.S. Case No. 335 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T