Meera Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28515 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -BASNAHI District- SAHARSA ======================================================
1. Meera Devi W/o Manoj Paswan
2. Manoj Paswan S/o Brahmdev Paswan
3. Nitish Paswan S/o Manoj Paswan, All are Resident of Village- Sukama, P.S.- Basnahi, District- Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Goutam, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 325, 379, 504 and 506/34 of the Indian Penal Code.
Allegation is that the accused persons including the petitioners having iron rod, handle of pump set and spade in their hands came in the courtyard of the informant by hurling abusive language and they assaulted the sons of the informant, due to which they received injuries.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner No.1 is a lady. She is said to have
Patna High Court Cr.Misc. No.28515 of 2017 (2) dt.01-07-2017 2/2 assaulted Jai Krishna Paswan, son of the informant. Nature of injury is said to be simple. Petitioner No.2 is said to have assaulted by hand pump on the head of Jai Krishna Paswan, son of informant, which is non-vital part of the body. Petitioner No.3 is said to have assaulted Suraj Paswan, son of the informant. The nature of injury is said to be simple. For a petty reason the alleged occurrence is said to have taken place. F.I.R. has been instituted after 14 days after the alleged occurrence. Delay has not been explained by the prosecution.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Basnahi P.S. case No.05 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T