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Patna High CourtCR. MISC./39199/2015bail granted

Genamati Devi And ORS v. The State Of Bihar

2015-09-30Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39199 of 2015 Arising Out of PS.Case No. -312 Year- 2014 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Genamati Devi W/o Late Nageshwar Paswan

2. Bachi Devi W/o Bhag Narayan Paswan

3. Lal Muni Devi Wo Shubh Narayan Paswan

4. Ash Narayan Paswan S/o Nageshwar Paswan

5. Shubh Narayan Paswan S/o Late Nageshwar Paswan All Resident of Village- Sisahni, P.S.- Pakari Dayal, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-09-2015 Heard learned counsel for the petitioners Mr. Shakil Ahmad Khan and learned A.P.P. for the State.

The petitioners apprehend their arrest in Pakari Dayal P. S. Case No. 312/2014 registered for offences punishable under Sections147, 149, 216, 353, and 504 of the Indian Penal Code. The prosecution case as per the written statement of one Priya Brat, S.H.O., Pakridayal Police Station is that on 12.12.2014, upon secret information, police party raided and surrounded the house of Bhag Narayan Paswan in search of notorious criminal namely, Manoj Singh. In the meantime the family members of Bhag Narayan Paswan raised alarm against the

Patna High Court Cr.Misc. No.39199 of 2015 (2) dt.30-09-2015 2/3 activities of police and altercation took place between police and the accused persons and thereafter, a search was made in the house of Bhag Narayan Paswan but due to interference in discharging their official duty by the accused persons including the petitioners Manoj Singh fled away from there.

It has been submitted by the learned counsel for the petitioners that they are innocent and have no criminal antecedents. Learned counsel for the petitioners has further been submitted that the petitioners have no proximity with Manoj Singh, who was alleged to be the leading criminal. Under such circumstances, the above named petitioners, in the event of their arrest or surrender within a period of four weeks from today before the Court below be enlarged on bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand only)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran in connection with Padkridayal P. S. Case No. 312/2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Nilu Agrawal, J) Sudha/- U T

Patna High Court Cr.Misc. No.39199 of 2015 (2) dt.30-09-2015 3/3