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Patna High CourtCR. MISC./47930/2016bail granted

Rinku Devi And ORS v. The State Of Bihar

2016-12-16Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47930 of 2016 Arising Out of PS.Case No. -93 Year- 2016 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Rinku Devi Wife of Kailash Kumar Sahni

2. Dani Devi Wife of Ram Dayal Sahni

3. Reeta Devi D/o Ram Dayal Sahni

4. Manju Devi Wife of Mahesh Sahni

5. Punita Devi Wife of Binod Sahni

6. Ranju Devi Wife of Ram Chandra Sahni

7. Ram Dayal Sahni Son of Ram Khelawan Sahni

8. Kailash Kumar Sinha Son of Ram Dayal Sinha

9. Mahesh Sahni Son of Ram Khelawan Sahni

10. Binod Sahni Son of Ram Khelawan Sahni

11. Ram Chandra Sahni Son of Ram Khelawan Sahni All are resident of village - Jagdishpur, P.S. Manigachhi, Nehra OP, District - Darbhanga .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.

For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Manigachhi (Nehra O.P.) P.S. Case no. 93 of 2016, registered under Sections 109, 147, 148, 149, 341, 323, 353, 504 and 506 of the Indian Penal Code.

The accusation is that due to scuffle in between the supporters of present Mukhiya Sailash Sahni and Ex-Mukhiya Ram Dayal Sahni of Jagdishpur Panchyat, the supporters of Ex-Mukhiya blocked the road.

Patna High Court Cr.Misc. No.47930 of 2016 (3) dt.16-12-2016 2/2 Learned counsel for the petitioners submits that there is counter version case as detailed in Mahila P.S. Case No. 47 of 2016 detailing the allegation against present Mukhiya and his supporters. Further submission is that while petitioners are named in the F.I.R., but they are simply members of the mob and no specific overt act have been attributed against the petitioners. Further submission is that similarly situated co-accused have already been granted anticipatory bail on 06.10.2016 passed in Criminal Miscellaneous No.41300 of 2016.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Darbhanga in connection with Manigachhi (Nehra O.P) P.S. Case No. 93 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T