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Patna High CourtCR. MISC./80050/2018bail granted

Archana Devi And ORS v. The State Of Bihar

2019-01-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80050 of 2018 Arising Out of PS. Case No.-338 Year-2018 Thana- GOGRI District- Khagaria ======================================================

1. Archana Devi wife of Sunil Arya

2. Meera Devi wife of Ram Prakash Arya

3. Sarojni Naydu wife of Rajesh Kumar Arya 4.Ram Prakash Arya son of Late Jagdish Prasad Arya

5. Ranveer Arya son of Ram Prakash Arya

6. Ambika Muni @ Amika Muni son of Late Basant Muni All resident of village -Fatahpur, P.S.-Gogri, District- Khagaria. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Respondent/s :

Mr.Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2019 Heard both sides.

The petitioners apprehend their arrest in Gogri P.S. Case No.338 of 2018 registered under Sections 147, 148, 323, 379, 380, 354, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The informant filed Complaint Case No.804 C of 2018 on the basis of which F.I.R. was registered. The informant alleged that all the accused persons came at his house and abused him saying that informant's goat damaged their crops and on protest the accused persons assaulted the informant and his family members. Accused Sunil Arya is said to have made

Patna High Court Cr.Misc. No.80050 of 2018(2) dt.11-01-2019 2/2 fire and took away articles including cash from his house. Learned counsel for the petitioners submits that for the occurrence of 28.08.2018, Gogri P.S. Case No.291 of 2018 was registered against the informant and others. The informant lodged this case only to save his skin. There is omnibus and general allegation against the petitioners. Nobody sustained any injury.

Having considered the facts aforesaid and the fact that case from the side of petitioners was also lodged on 28.08.2018, the above named petitioners in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on 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, Khagaria in connection with Gogri P.S. Case No.338 of 2018 (G.R. No.2770 of 2018), subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U