Patna High CourtCR. MISC./29735/2016bail granted

Jibachchi Kumari And ORS v. The State Of Bihar

2016-09-05Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.29735 of 2016 (3) dt.05-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29735 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -KALYANPUR District- SAMASTIPUR ======================================================

1. Jibachchi Kumari Daughter of Gango Rai @ Ganga Prasad Rai

2. Reena Devi Daughter of Gango Rai @ Gango Prasad Rai

3. Gango Rai @ Ganga Prasad Rai Son of late Kuldip Rai All are Resident of Village: Bankipur, P.S: Kalyanpur, District Samastipur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Dilip Kumar Roy, Advocate For the Opposite Party : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-09-2016 Learned counsel for the petitioners submits that the petitioner no.3, namely, Gango Rai @ Ganga Prasad Rai has already been arrested.

Accordingly, the prayer for anticipatory bail of petitioner no.3 Gango Rai @ Ganga Prasad Rai is dismissed as become infructuous.

Heard both sides.

The petitioners apprehend their arrest in Kalyanpur P.S.Case No.32 of 2016 under Sections 307 and other Sections of the Indian Penal Code.

The petitioners are named accused in the FIR but no specific allegation of assault is made against the petitioners. Nitesh Kumar is alleged to have assaulted the informant, his wife

Patna High Court Cr.Misc. No.29735 of 2016 (3) dt.05-09-2016 and daughter with farsa but the injuries found on the persons of the informant, his wife and daughter are simple in nature. Moreover, there is no allegation of assault against the petitioners. Petitioners are ladies.

Considering the aforesaid facts, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Samastipur in Kalyanpur P.S.Case No.32 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) B.Kr./- U T