Kanchan Bharti And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7076 of 2015 Arising Out of PS.Case No. -633 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Kanchan Bharti Daughter of Kailash Saw

2. Jayanti Devi Wife of Kailash Saw

3. Mannu Kumar Son of Kailash Saw

4. Ajad Kumar @ Azad Kumar Son of Kailash Saw

5. Sumit Kumar Son of Kailash Saw All are Resident of village - Khagour, P.S. Lakhisarai, District - Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate. For the Opposite Party/s : Mr. Suresh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-02-2015 Heard both sides.

The petitioners apprehend their arrest in Lakhisarai P.S. Case No. 633 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. Pankaj Ram the informant named the petitioners and alleged that they assaulted his wife, mother and when the informant and his brother went to save the accused persons also assaulted them. The petitioner has annexed the injury report of the informant and it appears that the informant got two grievous injuries. The injury reports of other injured have not been annexed. Considering the facts aforesaid and the fact that petitioner no. 1 Kanchan Bharti and petitioner no. 2 Jayanti Devi who are ladies,

Patna High Court Cr.Misc. No.7076 of 2015 (2) dt.20-02-2015 2/2 they, 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, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 633 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

So far as the case of petitioner nos. 3, 4 and 5 Mannu Kumar, Ajad Kumar @ Azad Kumar and Sumit Kumar is concerned, there is specific allegation against them that they not only assaulted the informant and his brother but also assaulted the wife and mother of the informant and the informant got grievous injury. Considering the aforesaid, I am not inclined to enlarge the petitioner nos. 3, 4 and 5 Mannu Kumar, Ajad Kumar @ Azad Kumar and Sumit Kumar on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T