IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31740 of 2011 1. Girija Devi, W/o Dinanath Prasad. 2. Ajay Kumar, Son of Dinanath Prasad. 3. Dinanath Prasad, Son of Late Ram Bricha Prasad. 4. Santosh Prasad, Son of Dinanath Prasad. All residents of village-Karahi, P.S.-Baniyapur, District-Saran. ………Petitioners. Versus The State of Bihar ……..Opp. Party. ----------- 2 18.10.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioners apprehend their arrest in connection with a case registered for the offence under Sections 341, 323, 324, 307, 302, 504/34 of the Indian Penal Code. It is alleged that accused Dinanath Prasad, Anil Kumar, Santosh Prasad and Ajay Kumar being variously armed with ‘Lathi,’ ‘Fersa’ and ‘Tangi’ came at the place of occurrence. Anil Kumar is alleged to have exhorted his father and brothers to kill the informant and others, on which, the petitioner Dinanath Prasad with an intention to kill, assaulted the informant on his neck by Tangi. The accused Girija Devi, Babita Kumari and Deepak Kumar being armed with Lathi, Danda came and indiscriminately assaulted the daughter and son of the informant namely Anjali Kumari and Raju Kumar respectively. Thereafter, accused Santosh Prasad assaulted Rajesh Kumar by jumping over his chest and accused Anil Prasad assaulted near the temple of Rajesh Kumar, as a result of which, he became unconscious as he had sustained 2 bleeding injuries. The injured Rajesh Kumar was taken to Referral Hospital, Baniyapur from where he was referred to Chapra Sadar Hospital. The doctor of chapra sadar hospital referred him to P.M.C.H., Patna, where in course of treatment he died on 6.12.2010. It is submitted that the petitioners are innocent and they have been implicated in this case due to enmity existing from before and village politics. The petitioners are co-sharer of the informant and case of partition is pending in between the families. It is also submitted that the petitioners have got no criminal antecedent. It is also submitted that petitioner no. 1 namely Girija Devi is a lady and is sufficiently aged. She is not responsible for the fatal injuries caused upon the deceased Rajesh Kumar. Considering the fact that the petitioner no. 1 namely Girija Devi is a lady, in the event of her arrest or surrender before the 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, Chapra in connection with Baniyapur P.S. Case No. 203 of 2010 subject to the conditions as laid down under Section 438(2) Cr. P. C. However, considering the seriousness of allegation and nature of the offence, I am not inclined to grant anticipatory bail to 3 petitioner no. 2 Ajay Kumar, petitioner no. 3, Dinanath Prasad and petitioner no. 4 Santosh Prasad. Accordingly, their application for grant of anticipatory bail is rejected. In case they surrender and seek bail in connection with aforesaid case, the same shall be considered and decided on its own merit without being prejudiced in any manner by this order. Sanjeet (Ashwani Kumar Singh, J.)