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Patna High CourtCR. MISC./48178/2016disposed

Manish Kumar @ Manish Yadav And ANR v. The State Of Bihar

2016-11-24Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48178 of 2016 Arising Out of PS.Case No. -255 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Manish Kumar @ Manish Yadav son of Subash Yadav

2. Rekha Devi wife of Subash Yadav Both resident of Village- Jagarnathpur, P.S.- Kahalgaon, DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-11-2016 Heard Sri Manoj Kumar Jha, learned counsel for the petitioners and learned Additional Public Prosecutor Two petitioners apprehending their arrest in Kahalgaon P.S. Case No. 255 of 2016 registered for the offence under section 447, 341, 323, 307, 379, 427, 504/ 34 of the Indian Penal Code have prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioners that in a family dispute entire family of the petitioners have been made accused. He further submits that against petitioner no. 2 save and except allegation that she was present at the time of occurrence there is no specific accusation .

Besides hearing I have perused the material available

Patna High Court Cr.Misc. No.48178 of 2016 (2) dt.24-11-2016 2/2 on record particularly the F.I.R.

After going through the F.I.R. the court is satisfied that there is specific accusation against petitioner no. 1 and as such prayer for grant of anticipatory bail so far petitioner no. 1 namely Manish Kumar @ Manish Yadav is concerned, stands rejected. So far petitioner no. 2, the court is in agreement with the submission of learned counsel for the petitioners as well as the fact that petitioner no. 2 is a lady . Accordingly in the event of arrest or surrender within a period of six weeks from today, let the petitioner no. 2 Rekha Devi be enlarged 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 Chief Judicial Magistrate, Bhagalpur / concerned court in connection with Kahalgaon P.S. Case No. 255 of 2016 corresponding to G.R. No. 2624 of 2016 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure . (Rakesh Kumar, J) Praful/- U T