Nagendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70979 of 2019 Arising Out of PS. Case No.-295 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== 1.
NAGENDRA SINGH Son of Yogi Singh Resident of Village-Hari Chapra, P.S-Dumra, District-Sitamarhi.
2.
Babloo Kumar Son of Nagendra Singh Resident of Village-Hari Chapra, P.SDumra, District-Sitamarhi. 3.
Dabloo Kumar Son of Nagendra Singh Resident of Village-Hari Chapra, P.S-Dumra, District-Sitamarhi.
4.
Urmila Devi Wife of Mahendra Singh Resident of Village-Hari Chapra, P.SDumra, District-Sitamarhi. 5.
Ramkali Devi Wife of Yogi Singh Resident of Village-Hari Chapra, P.SDumra, District-Sitamarhi. 6.
Simrikhiya Devi Wife of Nagendra Singh Resident of Village-Hari Chapra, P.S-Dumra, District-Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2020 It appears that vide order dated 11.12.2019, the prayer for anticipatory bail of petitioner no. 2 has already been withdrawn on the ground that during pendency of this application, he has been taken into custody.
So far other petitioners are concerned, they are apprehending their arrest in connection with Dumra P.S. Case No. 295/2019, disclosing offences under Sections 147, 148, 149, 323, 447, 448, 324, 307, 504, 379, 354(B), 506 of the Indian Penal Code and Section 3 /4 of Prevention of Witch (Daain) Practices
Patna High Court CR. MISC. No.70979 of 2019(3) dt.10-01-2020 2/3 Act.
Prosecution case is that petitioners and other accused persons entered inside the house of the informant and there is allegation of petitioner no. 1 that he thrashed the informant on the ground and also tore her sari and blouse and other petitioners are also named in F.I.R.
Submission of learned counsel for the petitioners is that there is case and counter case between the parties and except petitioner no. 1, no specific allegation has been attributed to any other petitioners.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, so far petitioner no. 1 is concerned, I am not inclined to grant the privilege of anticipatory bail to him. He has to surrender before the court below and pray for regular bail, which will be considering by the court below on the merit of the case.
So far other petitioners i.e. petitioner nos. 3 to 6, are concerned, in the event of their arrest or surrender before the court below within six weeks, they are directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Dumra P.S. Case No. 295/2019, subject to the
Patna High Court CR. MISC. No.70979 of 2019(3) dt.10-01-2020 3/3 condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This application is accordingly disposed of.
(Vinod Kumar Sinha, J) sunilkumar/- U T