Mina Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21911 of 2018 Arising Out of PS.Case No. -55 Year- 2017 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mina Devi, W/o Haribhajan Rai,

2. Sabindar @ Sabindar Kumar S/o Haribhajan Rai, Both R/o Vill.- Dharharwa, P.S.- Chiraiya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioners and leaned Additional Public Prosecutor of the State.

The petitioners are apprehending their arrest in connection with Chiraiya P. S. Case No. 55 of 2017, registered for offences punishable under Sections 341, 323, 324, 308, 379, 504, 427, 506 and 34 of the Indian Penal Code.

The allegation against the petitioners is that they caught hold of the informant from back side and gave blow from Garasa with intention to kill him, causing cut the nose of the informant. It is also alleged that other co-accused persons assaulted him.

Submission of the learned counsel for the petitioners is that there is a case and counter case and it is also submitted that the informant was treated by the Doctor of Sadar Hospital. Learned Additional Public Prosecutor opposes the

Patna High Court Cr.Misc. No.21911 of 2018 (3) dt.20-06-2018 2/2 prayer of bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Chiraiya P.S.Case No. 55 of 2017 to the satisfaction of learned Sub- Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before the police as and when required, otherwise prosecution is at liberty to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T