Neelam Kumari @ Neelam Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55229 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================
1. Neelam Kumari @ Neelam Devi, W/o Vijay Kumar Singh @ Vijay Singh, R/o Village- Basdhiya, P.S.- Dalsingh Sarai, District- Samistipur.
2. Vijay Kumar Singh @ Vijay Singh S/o Anup Lal Singh, R/o VillageBasdhiya, P.S.- Dalsingh Sarai, District- Samistipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-01-2018 Heard the learned counsels for the petitioner and the State.
The petitioners seek pre-arrest bail in connection with Dalsinghsarai P.S. Case No. 20 of 2017 dated 23.01.2017 instituted for the offences under Sections 341, 323, 307, 354, 379/34 of the Indian Penal Code.
It has been alleged in the FIR that the petitioner no. 1 started abusing the family members of the informant and when the son of the informant stopped her from abusing, the accused persons viz. petitioner no. 2 and one Vinay Kumar Singh, both brothers, came to the house of the informant and assaulted his son Manoj Kumar Singh alias Pappu Kumar Singh on his head. In the meantime, it has been alleged that the petitioner no. 1 and other
Patna High Court Cr.Misc. No.55229 of 2017 (3) dt.18-01-2018 members of his family came and assaulted the female members of the house of the informant. Some of the co-accused persons have been granted anticipatory bail by order dated 14.07.2017 passed in Cr. Misc. No. 27615 of 2017.
A counter case also is said to have been lodged against the informant and others and the petitioners are not specifically alleged to have assaulted anybody. There is an old dispute which is admitted in the FIR. It has further been submitted that the occurrence is said to have taken place in the morning of 22.01.2017 but the case has been lodged a day later i.e. on 23.01.2017.
For the facts stated above, the petitioners above named, in the event of their surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Dalsinghsarai in connection with Dalsinghsarai P.S. Case No. 20 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) KKSINHA/- U T