Buchiya Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54770 of 2015 Arising Out of PS.Case No. -109 Year- 2014 Thana -BIHRA District- SAHARSA ======================================================
1. Buchiya Devi, W/o Kirat Rai
2. Rani Devi @ Raniya Devi, D/o Kirat Rai
3. Soni Devi @ Soniya Devi, D/o Kirat Rai
4. Manju Devi, D/o Kirat Rai
5. Puja Kumari @ Puniya Devi, W/o Anil Rai
6. Kailash Kumar Rai @ Kailash Rai, S/o Shambhu Rai
7. Anil Rai @ Anil Kumar Rai, S/o Shivnandan Rai All Resident of Village- Satar, P.S.- Bihra, Distt- Saharsa. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bhola Kumar, Advocate For the Opposite Party/s : Mr. C. Sen Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Bihra P.S. Case No. 109/14 registered under Sections 147, 148, 149, 448, 341, 323, 324, 325, 307, 380 and 427 of the Indian Penal Code.
It is contended that so far as petitioners No. 1 to 5 are
Patna High Court Cr.Misc. No.54770 of 2015 (2) dt.09-12-2015 2 / 3 concerned, there is no allegation against them that they participated in assault on the informant. So far as petitioners No. 5 and 7 are concerned, it has been contended that there is general and omnibus allegation against them that they assaulted the husband of the informant and her son with lathi, but the injuries caused to them are simple in nature.
Learned counsel for the State has opposed the application for anticipatory bail. He has submitted that there is direct and specific allegation against the petitioners No. 6 and 7 that they assaulted the informant's husband and her son with lathi causing multiple injuries.
Be that as it may, regard being had to the nature of allegation, in the event of arrest or surrender in the court below within four weeks from today, the petitioners No. 1 to 5, namely, Buchiya Devi, Rani Devi @ Raniya Devi, Soni Devi @ Soniya Devi, Manju Devi and Puja Kumari @ Puniya Devi are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Bihra P.S. Case No. 109 of 2014 subject to the conditions as laid down under Section 438(2) Cr. P.C. So far as petitioners no. 6 & 7 are concerned, I am
Patna High Court Cr.Misc. No.54770 of 2015 (2) dt.09-12-2015 3 / 3 not inclined to grant them anticipatory bail. Accordingly, their prayer for anticipatory bail is rejected.
(Ashwani Kumar Singh, J.) Sanjeet/- U T