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Judgment
The petitioners are apprehending their arrest in connection with Barkagaon P.S. Case No. 157 of 2016, corresponding to G.R. No. 1671 of 2016 for the offence under sections 323, 324, 341, 307, 34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the petitioners have been falsely implicated in this case. Further, it has been submitted that the husband of the petitioner no. 1 and father of petitioner no. 2 were assaulted by the husband and sons of the informant due to which he had sustained injuries.
Further, it has been submitted that it does not appear from the F.I.R that the petitioners were armed with what type of weapon rather the entire allegation with regard to assault is totally vague and unspecific.
Learned A.P.P as well as learned counsel for the informant opposed the prayer for anticipatory bail.
From perusal of para 24 of the case diary, it appears that some of the persons have received injury.
In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner nos. 2 & 3 namely, namely, Tilla Devi and Faguni Devi and accordingly they are directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender the Court below shall enlarge the above named petitioners on bail on furnishing bail bond of Rs. 10,000/? (Rupees ten thousand)each, with two sureties of the like amount each to the satisfaction of the court of Smt. Richa Srivastava, J.M, Ist Class, Hazaribag, in connection with Barkagaon P.S. Case No. 157 of 2016, corresponding to G.R. No. 1671 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C . The petitioner nos. 2 & 3 are directed to deposit Rs. 3,000/? each in the trial court on the date of their surrender. Thereafter, trial court is directed to issue notice to the injured?Nirmal Mahto and after his appearance the aforesaid amount would be released in favour of Nirmal Mahto.
So far as the prayer for anticipatory bail on behalf of the petitioner no. 1 is concerned, I am not inclined to grant anticipatory bail to the petitioner no. 1.
Accordingly, his prayer for anticipatory bail is hereby rejected.