Patna High Court - Orders
Asha Devi & Ors vs The State Of Bihar on 1 April, 2016
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14319 of 2016
Arising Out of PS.Case No. -56 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR)
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1. Asha Devi wife of Haridwar Singh
2. Rakesh Singh Son of Haridwar Singh
3. Rajesh Singh son of Haridwar Singh
4. Ranjay Singh@Ranjay Singh Son of Rajendra Singh All are Resident of
Village- Sikathi , Ps Bhabua, District Kaimur Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Kumar Sunil
For the Opposite Party/s : Mr. Binod Kumar-Iii(App)
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
2 01-04-2016Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 435,436,427,147,504,341 and 323 of the Indian Penal Code.
The prosecution case is that in retaliation to the murder of Satyawant Patel, suspected to have been committed by the son of the informant, 13 FIR named accused persons including the petitioners entered into the house of the informant on 2.2.2016 at 7.40 A.M. in the morning, made assault to the informant and put the house on fire as a result house hold articles like cooler, T.V. and other articles got burnt.
Patna High Court Cr.Misc. No.14319 of 2016 (2) dt.01-04-20162/3
It is submitted by the learned counsel for the petitioners that Satyawant Patel was brother of co accused Bullu Singh who was killed on 1.2.2016, leading to registration of Bhabua P.S. Case No. 52 of 2016 levelling accusation under sections 304/34 IPC and section 27 of the Arms Act against the sons of the present informant, namely, Jasimuddin Ansari and Badaru Mian. Hence, as a retaliatory measure the present case has been lodged. The police also registered two cases for the same incident being Bhabua P.S. Case No. 54 and 55 of 2016 levelling accusation under sections 147,149,353,427,435,323,504 and 295 IPC and under sections 147,148,149,323,332,333,353,427 and 504 IPC respectively though the petitioners are not named in those cases. The accusation is omnibus and general. Though the petitioner nos. 2,3 and 4 are accused in one other case but they are on bail. Statement has been made in paragraph 3 of the petition that the petitioner no. 1 has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Kaimur at Bhabua in connection with Patna High Court Cr.Misc. No.14319 of 2016 (2) dt.01-04-2016 3/3 Bhabua P.S. Case No.56 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/-
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