Soni Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32193 of 2015 Arising Out of PS.Case No. -53 Year- 2013 Thana -ITADHI District- BUXAR ======================================================

1. Soni Kumari D/o Ganesh Thakur

2. Jyoti Kumar Thakur S/o Dhruv Thakur

3. Bebi Kumari D/o Dhruv Thakur All Resident of Village Basudhar, P.S. Itarhi, District Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Digvijay Kumar Ojha For the Opposite Party/s : Mr. Nirmal Kumar Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 307, 323, 324, 325, 341, 504/34 of the Indian Penal Code. The prosecution case is that co-accused Ganesh Thakur, Shivbachan Thakur, Dhruv Thakur and petitioner No. 2 came and assaulted the informant. The specific accusation of assault has been levelled against co-accused Ganesh Thakur. When the informant raised alarm, his father, brother and one Biran Kumar came to rescue then they were also assaulted by accused persons. It is further alleged that petitioner Nos. 1 and 2 came and they pelted stones and bricks over the informant's side.

Patna High Court Cr.Misc. No.32193 of 2015 (2) dt.07-08-2015 2/2 It is submitted by learned counsel for the petitioners that accusation of assault is not specific against these petitioners. Petitioner Nos. 1 and 3 are unmarried girls. There is counter version of the occurrence also. The injuries of the informant's side have been found to be simple in nature and petitioners' side also received injuries. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Itarhi P.S. Case No. 53 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T