Kumar Lal Karmkar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4302 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -MAHILA P.S. District- KISANGANJ ======================================================
1. Kumar Lal Karmkar , son of Sajan Lal Karmkar
2. Kailash Karmkar @ Kailash, son of Sajan Lal Karmkar
3. Sakhi Lal Karmkar, son of Sajan Lal Karmkar
4. Sushila Devi, wife of Kumar Lal Karmkar
5. Sawitri Devi, wife of Kailash Karmkar
6. Rekha Devi, wife of Sakhi Lal Karmkar, all residents of village Kumar Toli, Birpur, P.S. Bahadurganj, District Kishanganj .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha with Mr. Diwakar Sinha, Advocates For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with Kishanganj Mahila P.S.Case No. 43 of 2016 registered for the offences punishable under Sections 341, 323, 354 and 354B/ of the Indian Penal Code.
It has been submitted on behalf of the petitioners that so far allegation against the petitioners is concerned, the main allegation is against petitioner No.1 and so far other petitioners Nos. 2 to 6 are concerned, it is alleged that after alarm they came and assaulted the informant. It has further been submitted that now the parties have compromised the case and filed a petition to that effect before the learned District and Sessions Judge. Heard learned APP also.
Having heard both sides and considering the fact that there is allegation in the FIR against petitioner No.1, named
Patna High Court Cr.Misc. No.4302 of 2017 (2) dt.10-02-2017 2/2 above, his prayer for anticipatory bail is rejected. He may surrender and pray for regular bail in the court below, which shall be considered on its own merit and taking into consideration the fact that the parties have compromised the case. So far petitioners Nos. 2 to 6 are concerned, in the facts and circumstances of the case, let the petitioners Nos. 2 to 6, named above, in the event of their arrest or surrender in the court below within a period of two weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Kishanganj, in connection with Kishanganj Mahila P.S.Case No. 43 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the conditions that petitioners will co-operate in the investigation and appear before the police, as and when required, and on failure on their part to appear before the police on two consecutive occasions, without showing any valid reason, their bail bonds shall be liable to be cancelled. (Vinod Kumar Sinha, J) spal/- U