Kamlesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85669 of 2019 Arising Out of PS. Case No.-430 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

KAMLESH PRASAD Son of Shri Bakhaura Mahto Resident of VillageRampur, P.S.- Makhdumpur, District- Jehanabad. 2.

Asmani Devi Wife of Shri Bakhaura Mahto Resident of Village- Rampur, P.S.- Makhdumpur, District- Jehanabad.

3.

Nitu Devi Wife of Shri Kamlesh Prasad Resident of Village- Rampur, P.S.- Makhdumpur, District- Jehanabad.

4.

Kavita Devi Wife of Bhim Prasad Resident of Village- Rampur, P.S.- Makhdumpur, District- Jehanabad.

5.

Kusum Kumari @ Kusum Devi Grand Daughter of Bakhaura Mahto Resident of Village- Rampur, P.S.- Makhdumpur, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.Madhura Nand Jha For the Informant : Mr. Sanjay Kumar Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-01-2020 Petitioners seek bail in anticipation of their arrest in connection with Makhdumpur P.S. Case No. 430 of 2019 registered for the offences punishable under Sections 147, 149, 323, 341, 342, 308 and 354 of the Indian Penal Code. Petitioners are named in the FIR along with one more accused and allegation against them is that due to scuffle between the children they assaulted the informant by bricks, causing injuries to her.

Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.85669 of 2019(2) dt.22-01-2020 2/2 that even according to FIR occurrence took place with respect to scuffle between the children and no specific allegation has been attributed against any of them.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail of the petitioners.

In view of above facts and circumstances, let petitioners, in the event of surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Jehanabad, in connection with Makhdumpur P.S. Case No. 430 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T