Kailu Bhuyian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80686 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== 1.
KAILU BHUYIAN Son of Late Chandar Bhuyian Resident of Village - Manbigha, P.S.- Madanpur, Distt.- Aurangabad. 2.
Rajaram Bhuyian Son of Kesar Bhuyian Resident of Village - Manbigha, P.S.- Madanpur, Distt.- Aurangabad.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Pandey For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Madanpur P.S. Case No.112 of 2019 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Sections 3 /4 of the Witch Prohibition Act. The allegation is that while the husband of the informant was sleeping in the house, the accused persons had arrived there and had started assaulting the husband of the informant resulting in his death.
The learned counsel for the petitioners has submitted that the petitioners are having a clean antecedent and a general and
Patna High Court CR. MISC. No.80686 of 2019(2) dt.09-12-2019 2/2 omnibus allegation has been levelled against the petitioners. It is further submitted that no specific injury has been attributed qua the petitioners. Lastly, it is submitted that similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 17.8.2019 passed in Criminal Miscellaneous No. 51030 of 2019. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners 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/production of a copy of this order, on anticipatory 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 learned C.J.M., Aurangabad in connection with Madanpur P.S. Case No. 112 o f 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T