Sheela Kuer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75959 of 2019 Arising Out of PS. Case No.-101 Year-2019 Thana- KUTUMBA District- Aurangabad ====================================================== 1.

Sheela Kuer, Wife of Late Anuj Paswan 2.

Rinku Paswan, Son of Rajesh Paswan Both Resident of Village - Nevra, P.S.- Kutumba, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Leelawati Kumari For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in this case are seeking anticipatory bail in connection with Kutumba P.S. Case No.101 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 307 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel further submits that there are general and omnibus allegations against all the accused persons including the petitioners and no specific over act has been alleged against any one of them.

Learned APP for the State is present and has opposed

Patna High Court CR. MISC. No.75959 of 2019(2) dt.26-11-2019 2/3 the prayer for anticipatory bail of the petitioners. Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that there are general and omnibus allegations against the accused persons including the petitioners and no specific overt act has been alleged to any one of them and further that the injuries caused to the informant and his wife are simple in nature and no bony leson has seen, let the petitioners in the event of their arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Kutumba P.S. Case No.101 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police

Patna High Court CR. MISC. No.75959 of 2019(2) dt.26-11-2019 3/3 officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T