Sunita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58084 of 2018 Arising Out of PS.Case No. -53 Year- 2015 Thana -KASBA District- PURNIA ======================================================

1. Sunita Devi W/o Parmeshwar Mandal,

2. Etika Devi, W/o Ramesh Mandal, Both residents of Village-Hazaribagh, P.S. Kasba, District-Purnea,

3. Bhuttu Mandaal @ Bhutta Mandal, S/o Baijnath Mandal &

4. Bharat Mandal S/o Baijnath Mandal, 3 & 4 residents of Village-Ghorghat, P.S. Muffasil Ranipatra, District-Purnea.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

Supplementary affidavit is filed on behalf of the petitioners. Let it be kept on record.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 325, 341, 307, 504, 302 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons all of a sudden came to the Darwaza of the informant and started assaulting him and his family members. The informant having sustained injury, later on died.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.58084 of 2018 (2) dt.08-10-2018 of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. No specific overt act has been attributed against the petitioners. General and omnibus allegation has been made against the petitioners. The police after investigation, submitted final form against the petitioners which is evident from Annexure-A to the supplementary affidavit.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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, Purnea in connection with Kasba P.S. Case No. 53 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T