Soniya Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53255 of 2018 Arising Out of PS.Case No. -41 Year- 2017 Thana -GHOSI District- JEHANABAD ======================================================
1. Soniya Devi, W/o Dharmendra Yadav,
2. Bablu Prasad S/o Lala Yadav, Both are R/o Vill.- Mandai , P.S.- Ghoshi (Okari O.P.), District- Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 379, 307, 448, 504 and 506/34 of the Indian Penal Code.
The prosecution case, in brief, is that when the informant came to his courtyard, the accused persons armed with weapons came there and assaulted the informant and his family members. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The injury is said to be simple in nature which is evident from order of learned Sessions Judge itself. The petitioners were granted
Patna High Court Cr.Misc. No.53255 of 2018 (2) dt.09-10-2018 anticipatory bail by court below itself but they could not surrender within stipulated time. He filed an application for extension of time to surrender but the same was rejected by the Sessions Court. The petitioner No. 1 is a lady. Except for offence u/S 307 of the Indian Penal Code, rest of the offences are triable by Magistrate. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghoshi (Okari O.P.) P.S. Case No. 41 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T