Shail Devi vs The State Of Bihar on 11 December, 2019

[Cites 8, Cited by 0]

Patna High Court - Orders

Shail Devi vs The State Of Bihar on 11 December, 2019

Bench: Shivaji Pandey

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78860 of 2019
                 Arising Out of PS. Case No.-162 Year-2019 Thana- KALYANPUR District- East Champaran
                 ======================================================
           1.     Shail Devi W/o Rakesh Sah
           2.    Vinay Sah @ Vinay Kumar Sah @ Vinay Kumar S/o Rakesh Sah
           3.     Vikram Kumar @ Vikram Sah @ Bikram Sah S/o Rakesh Sah
                  All are resident of village- Brindawan, P.S.- Kalyanpur, District- East
                  Champaran, Motihari.
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Surendra Kishore Thakur
                 For the Opposite Party/s :      Mr.Amit Kumar Rakesh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
                                       ORAL ORDER

3   11-12-2019

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Kalyanpur P.S. Case No.162 of 2019 registered for offence punishable under sections 341, 323, 325, 379, 504 and 307/34 of the Indian Penal Code.

As per FIR, on 25.06.2019 at about 8:00 P.M., in the night, Vinay Sah @ Vinay Kumar Sah @ Vinay Kumar, Vikram Kumar @ Vikram Sah @ Bikram Sah and Shail Devi, resident of same place, came and caught hold the coller of the informant's son, started assaulting, took away him in lonely place where they tried to kill him. They also caused injury on his neck by knife. There is also allegation against Vikram Sah to have caused injury by iron rod in the rib of chest of victim. When he raised alarm then the people of Patna High Court CR. MISC. No.78860 of 2019(3) dt.11-12-2019 2/2 the locality rushed there and in that manner, he could safe his life. There is no allegation against petitioner no.1.

Looking to the entire facts and circumstances of the case, the prayer for bail of petitioner no. 1 is allowed and she, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/-with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IX, East Champaran, Motihari in connection with Kalyanpur P.S. Case No.162 of 2019, subject to the conditions as laid down under section 438 Cr.PC and also subject to the condition that one of the bailors of the petitioner no. 1 shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court, petitioner no. 1 will not induce any witness or tamper with the evidence and petitioner no. 1 shall cooperate in the disposal of trial and make herself available as and when required by the court.

So far petitioner nos. 2 and 3, their prayer for bail is rejected.

(Shivaji Pandey, J) Mahesh/-

U     T

Unlock Advanced Research with PRISMAI

Patna High Court - Orders