Patna High CourtCR. MISC./1777/2017bail granted

Anita Devi And ANR v. The State Of Bihar

2017-01-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1777 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -BAHERI District- DARBHANGA ======================================================

1. Anita Devi, wife of Dinesh Thakur,

2. Dinesh Thakur, son of Jai Kishan Thakur Both residents of Village- Athar, Police Station- Baheri, District- Darbhanga.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate. For the Opposite Party/s : Mr. Binod Kumar 3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 341, 323, 504, 307, 379, 354 and 34 of the Indian Penal Code.

It is alleged in the Fard-beyan that when the informant was at his door, his younger daughter-in-law (petitioner No. 1) and son Dinesh Thakur (petitioner No. 2) started abusing him and assaulted on his head with iron rod causing injury over his nose and bleeding started, on account of which he fell down. When his son Mithilesh Thakur and daughter-in-law came to rescue, they were also assaulted by the petitioners. From perusal of Fard-

Patna High Court Cr.Misc. No.1777 of 2017 (2) dt.19-01-2017 2/2 beyan, it appears that the petitioner No. 1 is only order giver. Considering the aforesaid facts and circumstances of the case, let the petitioner No. 1 namely, Anita Devi, in the event of surrender, named above, within six weeks from the date of receipt of this order, in connection with Baheri P.S. Case No. 7 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

So far as the prayer for anticipatory bail of the petitioner No. 2 namely, Dinesh Thakur, is concerned, since there is specific allegation against him, he is directed to surrender before the court below and pray for regular bail.

The prayer for anticipatory bail of petitioner No. 2 is accordingly rejected.

(Sanjay Priya, J) S.Ali/- U T