Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78334 of 2019 Arising Out of PS. Case No.-323 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== 1.

Kanti Devi, W/o Mahesh Sah, R/o Village- Aagu Chhapra, P.S.- Siwan Town, District- Siwan 2.

Teni Sah, S/o Mahesh Sah, R/o village- Aagu Chhapra, P.S.- Siwan Town, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-12-2019 This is an application for grant of anticipatory bail in connection with Siwan Town P. S. Case No. 323 of 2019, disclosing offences under Sections 341, 323, 324, 307, 379, 504, 506, 34 of IPC.

As per F.I.R. it is said that petitioner no.2 assaulted on the head by Sword, causing injury to the informant and petitioner no.1 also assaulted by sword, causing injury on the back to the informant.

Submission of the learned counsel for the petitioners is that there is no incise injury over the head and injury does not appear to be serious in nature. Further submission is that there is case and counter case between the parties.

Patna High Court CR. MISC. No.78334 of 2019(2) dt.02-12-2019 2/2 Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that the informant has suffered altogether seven incise injuries and the opinion about the same has been kept reserved, which will appear from Annexure 2 itself.

Having heard both sides, considering the fact that petitioner no.1 is a lady aged about 60 years, let the petitioner no.1, above named, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned C.J.M., Siwan, in connection with Siwan Town P. S. Case No. 323 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. So far petitioner no.2 is concerned, I am not inclined to grant privilege of anticipatory bail to him. However, he may surrender and pray for regular bail.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T