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Patna High CourtCR. MISC./74621/2018disposed

Baijnath Das And ORS v. The State Of Bihar

2018-12-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74621 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- JAIPUR District- Banka ======================================================

1. Baijnath Das Son of Samar Das

2. Gopal Das Son of Samar Das

3. Chandni Devi Wife of Hemant Das @ Hemant Yadav

4. Anita Devi Wife of Baijnath Das

5. Bimli Devi Wife of Gopal Das

6. Bhagwan Das Son of Tarni Das

7. Dasrath Das Son of Gopal Das All are Resident of Village-Narayanpur, P.S.Jaipur,Distt.- Banka,except Petitioner No.6,Bhagwan Das,who is Resident of Village-Khutabandh,P.S. Mohanpur,Distt.-Deoghar(Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-12-2018 Learned counsel for the petitioners submits that he may be permitted to withdraw the anticipatory bail petition of Baijnath Das, petitioner No.1. Accordingly, the prayer for bail of petitioner No.1 is dismissed as withdrawn.

Heard both sides.

The petitioners apprehend their arrest in Jaipur P.S. Case No.32 of 2018 for the offences punishable under Sections 307, 354(B) and other Sections of the Indian Penal Code. The informant named the petitioners along with Shaligram Das and others and alleged that they all dragged.

Patna High Court Cr.Misc. No.74621 of 2018(2) dt.19-12-2018 2/2 Shaligram Das assaulted with farsa on his head and Baijnath Das also assaulted the informant with tangi on his head. The learned counsel for the petitioners submits that there is no allegation of assault against the petitioner Nos.2 to 7. Considering the fact that petitioner Nos.2 to 7 are of course named in the F.I.R. but petitioner Nos.2 to 7 are not alleged to have assaulted the informant or any family members of the informant, let the petitioner Nos.2 to 7, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. I, Banka in connection with Jaipur P.S. Case No.32 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T