IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2904 of 2010 1.JANKI SHARMA son of late Devi Lal Sharma 2.Biru Sharma son of Late Devi Lal Sharma 3.Sanpal Sharma son of late Govind Sharma 4.Gopi Sharma son of Biru Sharma 5.Munsi Sharma son of late Rahan Lal Sharma 6.Mala Devi wife of Sachidanand Sharma 7.Souda Sharma son of Surya Sharma, all are resident of village Fakir Toli, P.S. Amour, Dist. Purnea ….Petitioners. Versus THE STATE OF BIHAR ----------- For the petitioners : Shri Sanjiv Ranjan, Advocate. For the State : Smt. Indubala Pandey, A.P.P. ------------- 3 2.2.2010 Heard Shri Sanjiv Ranjan Advocate learned counsel appearing on behalf of the petitioners and Smt. Indubala Pandey, A.P.P. for the State. Petitioners are apprehending their a arrest in connection with Amour P.S. case No. 63 of 2009 registered under sections 447, 341, 323, 307/34 of the Indian Penal Code. It was argued on behalf of the petitioners that while protecting their properties the occurrence had taken place. The petitioners have also lodged first information report against the other side. It appears that while hearing the anticipatory bail application the court below has examined the case diary and referred paragraph 37 of the case diary, it was not the case that the accused persons with common object had have brutally assaulted the informant. Since the petitioner no.6 namely Mala Devi is a lady, in view of the facts and circumstances, in the event of her arrest or surrender in the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Purnea in connection with above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. - 2 - So far as petitioners No. 1 to 5 and 7 are concerned, their prayer for anticipatory bail is rejected. However, if they surrender in the court below and pray for grant of regular bail, the learned court below will examine the case of the petitioners on its own merit as well as he will also examine the facts of the counter case of the petitioners and without being prejudiced with this order, he will pass an appropriate order in accordance with law on the day of surrender of the petitioners itself. (Rakesh Kumar, J) M.Rahman