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Patna High CourtCR. MISC./85449/2019disposed

Birendra Mistri v. The State Of Bihar

2020-01-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85449 of 2019 Arising Out of PS. Case No.-381 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== 1.

BIRENDRA MISTRI Son of Sukhi Mishtry 2.

Sanju Devi wife of Birendra Mistri 3.

Wakil Mistri Son of Late Sukhi Mistri 4.

Chandani Devi Wife of Wakil Mistri 5.

Arti Devi Wife of Suman Mistri 6.

Sulekha Devi wife of Sunil Mistri 7.

Sonu Kumar @ Sonu Mistri Son of Birendra Mistri 8.

Radhika Devi Wife of Sonu Mistri All Resident of Village - Kahra, Ward No. 6, P.S. and District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341,323,324,307,379,447,504,506/34 of the Indian Penal Code. Petitioners- Wakil Mistry and Sonu Kumar @ Sonu Mistri allegedly caused injury with iron rod at the head of the informant and one Manoj Mistry respectively. Since the aforesaid petitioners had knowledge that

Patna High Court CR. MISC. No.85449 of 2019(2) dt.24-01-2020 2/2 their act might cause death, I am not inclined to enlarge them on anticipatory bail in connection with Saharsa Sadar P.S.Case No.381 of 2019 pending in the court of learned C.J.M., Saharsa. Hence, prayer is refused.

Other petitioners do not carry such allegation and there is case and counter case between the parties, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Saharsa Sadar P.S.Case No. 381 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T