Banarashi Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39087 of 2016 Arising Out of PS.Case No. -169 Year- 2016 Thana -KANTI District- MUZAFFARPUR ======================================================
1. Banarashi Devi W/o Gopal Sah
2. Mukti Kumar @ Muktilal Sah S/o Gopal Sah
3. Sarita Devi W/O Muktilal Sah
4. Devi Kumari @ Babi Kumari D/o Gopal Sah
5. Kedar Kumar @ Kedar Sah S/o Gopal Sah All resident of Village- Kanti Kushi, P.S.- Kanti, District- Muzaffarpur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
20-09-2016 Heard Sri Sanjay Kumar, learned counsel for petitiones and Sri Anil Kumar, learned Addl. Public Prosecutor. Five petitioners, apprehending their arrest in Kanti P.S. Case No. 169 of 2016 registered for offence under Sections 341, 323, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code, have prayed for grant of anticipatory bail. It was submitted by learned counsel for petitioners that informant and petitioners are close relative and there was case and counter case in between the parties. On aforesaid ground, a prayer has been made for granting anticipatory bail. However, after going through the F.I.R., the Court is
Patna High Court Cr.Misc. No.39087 of 2016 (2) dt.20-09-2016 2/2 of the opinion that there is specific accusation against petitioner no. 2 (Mukti Kumar @ Muktilal Sah) and petitioner no. 5 (Kedar Kumar @ Kedar Sah) and as such, the prayer for anticipatory bail so far as petitioner no. 2 & 5 stands rejected. So far as prayer for anticipatory bail to petitioner no. 1 (Banarshi Devi), petitioner no. 3 (Sarita Devi) and petitioner no. 4 (Devi Kumari @ Babi Kumari) is concerned, they are lady and there is no specific accusation against them. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let petitioner no. 1, 3 and 4 namely Banarashi Devi, Sarita Devi and Devi Kumari @ Babi Kumari 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 learned Sub Divisional Judicial Magistrate (West), Muzaffarpur in connection with Kanti P.S. Case No. 169 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Rakesh Kumar, J.) Anay U T