IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35609 of 2011
1. Anapurna Kumari @ Muni , D/o Shiv Prasad Pathak.
2. Gautam Kumar Pathak @ Gautam Pathak @ Raushan, S/o Shiv Prasad
Pathak.
Both resident of village-Khaguri, P.S.-Konch, District-Gaya.
3. Radha Devi, W/o Manoj Pathak, R/o Mohalla-Phulwari Shariff, P.S.-
Phulwarishariff, District-Patna.
4. Neelam Devi, W/o Pramod Mishra, R/o village-Brahman Bigha, P.S.-
Banke Bazar, District-Gaya. ..........Petitioners.
Versus
The State of Bihar .......Opp. Party.
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2 21.10.2011 Heard learned counsel for the petitioners and learned
counsel appearing for the State.
The petitioners apprehend their arrest in connection with
a case registered for the offence punishable under Sections 341,
498(A), 307, 420, 313/34 of the Indian Penal Code.
It is submitted that the specific allegation of assault upon
the informant is against the husband. Petitioner no 2 is younger
brother, petitioner no. 1 is an unmarried sister and petitioner nos. 3
and 4 are married sisters of the husband of the informant.
It is further contended that from the perusal of the
contents of the F.I.R., it would transpire that the case is primarily
due to incompatibility between the husband and wife and the
family members have unnecessarily been dragged into the present
case.
Considering the facts and circumstances of the case, let
the petitioners, namely, (i) Anapurna Kumari @ Muni, (ii) Gautam
Kumar Pathak @ Gautam Pathak @ Raushan, (iii) Radha Devi and
(iv) Neelam Devi in the event of their arrest or surrender before the
2
Court below within a period of four weeks from the date of
receipt/communication of this order, be released on bail on
furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Khagaria in connection with Khagaria
P.S. Case No. 266 of 2011 subject to the conditions as laid down
under Section 438(2) Cr. P.C.
Sanjeet (Ashwani Kumar Singh, J.)