Sunita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5965 of 2016 Arising Out of PS.Case No. -226 Year- 2015 Thana -GOGRI District- KHAGARIA ======================================================

1. Sunita Devi W/o Dev Narayan Das

2. Rupesh Das S/o Gorelal Das

3. Prakash Das S/o Budho Das

4. Rakesh Das S/o Budho Das All Resident of Village- Fudkichak ,P.s Gogari, District Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Dr.Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-02-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Gogri Police Station Case No. 226 of 2015, disclosing offences under Sections 147, 149, 448, 323, 341, 379 and 354 of the Indian Penal Code.

It is alleged that the accused persons including these petitioners entered into the house of the informant and abused her and on objection having been raised, petitioner no. 1 is said to have pulled the informant holding her hair.

Learned Counsel for the petitioners submits that

Patna High Court Cr.Misc. No.5965 of 2016 (2) dt.23-02-2016 2/2 the allegation of assault and snatching gold chain, as made in the First Information Report, is false and ornamental. Considering the nature of accusation, this application is allowed.

Let the petitioners, namely, Sunita Devi, Rupesh Das, Prakash Das and Rakesh Das, in the event of their arrest or surrender before the Court below within six weeks, 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 Shri Brajesh Kumar, Judicial Magistrate, 1st Class, Khagaria, in connection with Gogri Police Station Case No. 226 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the same may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √