Nand Kishore Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47441 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -KASHICHAK District- NAWADA ======================================================
1. Nand Kishore Singh, s/o late Basudev Singh
2. Sanjay Singh, s/o Nand Kishore Singh
3. Dharmendra Singh, s/o late Brij Kishore Singh
4. Mukhiya Baby Devi@ Baby Devi, w/o Dharmendra Singh All residents of vill-Birnama @ Birnama, PS- Kashichak, Dist- Nawada .... .... Petitioner/s
Versus
The State of Bihar ... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2018 At the outset, the learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of the petitioners no. 1 to 3 with the liberty to move before the concerned court for grant of regular bail.
Permission is granted. The present petition is disposed of as withdrawn as against petitioners no. 1 to 3. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Kashichak PS case no. 55 of 2017 registered for the offences punishable under Sections 307 and other sections of Indian Penal Code.
The case of the prosecution is that when the informant was going to temple for worship, she was stopped by
Patna High Court Cr.Misc. No.47441 of 2017 (4) dt.31-01-2018 2/2 the accused persons from entering the temple and worshipping there whereafter, she was assaulted by the accused persons. As far as petitioner no. 4 is concerned, the learned counsel submits that there is general and omnibus allegation against her and infact, she being a lady had not even gone to the place of occurrence, as such, the factum of any type of overt act is far-fetched.
Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner no. 4 to the privilege of anticipatory bail. Accordingly, the petitioner no. 4, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Nawada in connection with Kashichak PS case no. 55 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T