Dulari Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40992 of 2015 Arising Out of PS.Case No. -169 Year- 2014 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Dulari Devi, D/o- Binda Mahto, R/o Khajuhati, P.S.- Baikunthpur, DistGopalganj.

2. Sailesh Prasad, s/o- Hardeo Mahto, R/o- Sabili- Khajuhati P.S.- Baikunthpur, Dist- Gopalganj.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Harendra Prasad, Advocate For the State : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 01-03-2016 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 341, 323, 30-7, 353, 354, 504 of the Indian Penal Code.

It is contended on behalf of the petitioners that they have been implicated in this case due to quarrel in between two groups of teachers. It is further contended that the co-accused Anil Prasad @ Anil Bhushan Prasad, who is on identical footing to the case of petitioner no. 1, as well as other accused persons have already been granted bail by a Coordinate Bench of this Court. Learned counsel submits that so far allegation is concerned, co-accused Anil Prasad and petitioner no. 1 allegedly tied rope on the neck of

Patna High Court Cr.Misc. No.40992 of 2015 (6) dt.01-03-2016 the informant and were pulling her but there is no injury shown in the injury report. So far petitioner no. 2 is concerned, it is urged that the allegation that he removed the gold chain from the neck of the informant, appears to be ornamental.

Having regard to the facts and circumstances of the case, let the abovenamed petitioners, namely, Dulari Devi and Sailesh Prasad, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Baikunthpur Police Station Case No. 169 of 2014 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Shri R.K. Tripathi, Judicial Magistrate, Ist Class, Gopalganj, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) SC/- U T