Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19654 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Sharwan Poddar @ Sharwan Kumar Poddar, Son of Late Deo Narayan Poddar, Resident of Village - Loknathpur Ganj, P.S.- Dalsingsarai, District - Samastipur .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.19692 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Sanjeev Poddar @ Sanjeet Poddar @ Sanjeev Kumar Poddar @ Nanhe, son of Late Deo Narayan Poddar, resident of village- Loknathpur Ganj, P.S.- Dalsingsarai, District- Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17617 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Usha Devi, Wife of Sharvan Kumar, Resident of village - Loknathpur Ganj, P.S. Dalsinghsarai, District - Samastipur .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.19654 of 2015) For the Petitioner : Mr. Uma Shankar Prasad Singh, Advocate For the S t a t e : Mr. Bharat Bhushan(APP) For the Informant : Mr. Dilip Kumar Roy, Advocate (In Cr.Misc. No.19692 of 2015) For the Petitioner : Mr. Uma Shankar Prasad Singh, Advocate For the S t a t e : Ms. Gulnar Begum(APP) For the Informant : Mr. Dilip Kumar Roy, Advocate

Patna High Court Cr.Misc. No.19654 of 2015 (3) dt.20-05-2015 2/3 (In Cr.Misc. No.17617 of 2015) For the Petitioner : Mr. Uma Shankar Prasad Singh, Advocate For the S t a t e : Mr. Yogendra Kumar Singh (APP) For the Informant : Mr. Dilip Kumar Roy, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-05-2015 Since all these three criminal miscellaneous applications arise out of the same police station case, with consent of the learned counsel for the petitioners, the learned counsel for the informant and the learned counsel for the State, they have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners, the learned counsel for the informant and the learned counsel for the State. The petitioners, in Cr. Misc. Nos.19654, 19692 and 17617 all of the year 2015, are apprehending their arrest in connection with Dalsingsarai P.S. Case No.78 of 2015 for allegedly having committed the offences under Sections 147, 148, 149, 323, 324, 326A, 307, 504 and 34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that the petitioners in the present applications have been made accused in the present case only because another case of similar nature had been lodged against the informant of the present case. It is further submitted that there is no specific role assigned against

Patna High Court Cr.Misc. No.19654 of 2015 (3) dt.20-05-2015 3/3 these petitioners in connection with the present case and, therefore, they deserve the privilege of anticipatory bail. Learned counsel for the informant fairly submits that these three petitioners were not active participants. Considering the aforementioned submissions and also the fact that the petitioners and the informant are agnates and have been on litigating terms, let all the three above named petitioners, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released 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 Additional Chief Judicial Magistrate, Dalsingsarai, District-Samastipur, in connection with Dalsingsarai P.S. Case No.78 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T