Kaushiliya Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 33329 of 2014 Arising out of P. S. Case No. - 19 Year - 2014 Thana - HATHAURI District - SAMASTIPUR ======================================================
1. Kaushiliya Devi, Wife of Bindeshwar Mandal
2. Shiv Kumari Devi, Wife of Ramashray Mandal
3. Babita Devi, Wife of Sit Kumar Mandal
4. Bindeshwar Mandal, Son of Sukan Mandal
5. Sukan Mandal, Son of Late Baldev Mandal
6. Chandra Bhushan Mandal, Son of Bindeshwar Mandal
7. Raju Kumar Mandal @ Rajeev Kumar, Son of Ramashray Mandal
8. Shiv Poojan Kumar, Son of Bindeshwar Mandal, all resident of village - Ramaul, P.S. - Hathauri (O.P. Shivaji Nagar) Dist. - Samastipur
9. Bipin Kumar, Son of Late Yogendra Mandal, resident of village Thanka, P.S. - Hathauri, Dist. - Samastipur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 06-02-2015 Heard learned counsel for the petitioners and learned counsel for the State.
This is a petition for grant of anticipatory bail in a case under Sections 147, 148, 149, 323, 324, 447, 307 and 379/504 of the Indian Penal Code.
It is alleged that specific role has been attributed in the First Information Report to Sit Kumar Mandal and Ramashray Mandal who have assaulted the informant and his family members. However, the allegation against the others is general and omnibus that they also assaulted by lathi and
Patna High Court Cr.Misc. No.33329 of 2014 (2) dt.06-02-2015 danda. The occurrence took place due to the quarrel between the children at the time of playing cricket.
Learned counsel for the petitioners submits that the persons who have specifically been alleged to have assaulted by farsa i.e. Sit Kumar Mandal and Ramashray Mandal have been granted bail by a Bench of this Court vide order dated 28.01.2015 passed in Cr. Misc. No. 30904 of 2014.
Hence, having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Hathauri P. S. Case No. 19 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.
Kundan (Gopal Prasad, J.) U T