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Patna High CourtCR. MISC./3164/2020bail granted

Mahendra Prasad Singh v. The State Of Bihar

2020-06-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3164 of 2020 Arising Out of PS. Case No.-168 Year-2018 Thana- BHORE District- Gopalganj ====================================================== 1.

MAHENDRA PRASAD SINGH Son of Vishwanath Prasad Singh Resident of village- Imulia, Police Station - Bhorey, District - Gopalganj. 2.

Rajaram Bhagat Son of Late Sahdeo Bhagat Resident of Village- Imulia, Police Station - Bhorey, District - Gopalganj. 3.

Joniya Devi @ Jonhiya Devi Wife of Mahendra Prasad Singh Resident of village- Imulia, Police Station - Bhorey, District - Gopalganj. 4.

Nathuni Prasad Son of Late Sheodhari Bhagat Resident of village- Imulia, Police Station - Bhorey, District - Gopalganj. 5.

Sugia Devi Wife of Biran Singh Resident of village- Imulia, Police Station - Bhorey, District - Gopalganj.

6.

Pratima Kumari @ Pratibha Kumari Daughter of Biran Singh and wife of Narayan Bhagat Resident of village- Kharangwa, Police Station - Bhorey, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Bhakta, Advocate.

For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-06-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 323, 341, 324, 307, 384, 379 and 504 of the Indian Penal Code.

There is general and omnibus allegation of commission of assault by the petitioners. Initially complaint case was filed on 03.04.2018 for the occurrence dated

Patna High Court CR. MISC. No.3164 of 2020(5) dt.25-06-2020 2/2 07.02.2018 and the police case was registered on 03.06.2018. Considering the general and omnibus nature of allegation and delay in lodging of the complaint case which creates doubt on the prosecution, 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 anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Bhorey P.S. Case No. 168 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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. (c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T