IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37833 of 2009 1. RAM BABU SAH S/O RAM SEWAK SAH VILL. CHAKPAR BHARAT, P.S. BOCHAHAN, DISTT. MUZAFFARPUR 2. SHYAM LAL SAH @ SHYAM BABU SAH S/O RAM SEWAK SAH VILL. CHAKPAR BHARAT, P.S. BOCHAHAN, DISTT. MUZAFFARPUR 3. LAXMAN SAH S/O SUKHLAL SAH @ KHUBLAL SAH VILL. CHAKPAR BHARAT, P.S. BOCHAHAN, DISTT. MUZAFFARPUR 4. RAM SEWAK SAH S/O SUKHLAL SAH @ KHUBLAL SAH VILL. CHAKPAR BHARAT, P.S. BOCHAHAN, DISTT. MUZAFFARPUR 5. LALDEO SAH S/O LAXMAN SAH VILL. CHAKPAR BHARAT, P.S. BOCHAHAN, DISTT. MUZAFFARPUR 6. KEWLA DEVI W/O LALDEO SAH VILL. CHAKPAR BHARAT, P.S. BOCHAHAN, DISTT. MUZAFFARPUR 7. SHYAMA DEVI W/O RAMSEWAK SAH VILL. CHAKPAR BHARAT, P.S. BOCHAHAN, DISTT. MUZAFFARPUR Versus THE STATE OF BIHAR ----------- 02 27.11.2009 Heard both sides. Petitioners, who are seven in numbers, have approached this Court seeking anticipatory bail in a case instituted under diverse Sections of the Penal Code including Section 307 of the Penal Code. Allegation is that when the informant was coming on a motorcycle he was surrounded by the petitioners herein and thereafter they started assaulting him and the pillion rider. It is contended that the dispute over payment of labour charges is admitted in the F.I.R. It is next contended that the informant sustained simple injuries. It is next contended that the name of petitioner nos. 6 and 7 who are wives of the other accused have purposely been incorporated in the F.I.R. although there is no direct allegation against them. Having regard to the submissions advanced on 2 behalf of the parties, this Court is persuaded to extend the privilege of anticipatory bail to the petitioner nos. 6 and 7, namely, Kewla Devi and Shyama Devi. In the event of arrest or surrender before the Court below within a period of four weeks from today, they are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Muzaffarpur in connection with Bochahan P.S. Case no. 123 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. So far as rest of the petitioner nos. 1 to 5, namely, Ram Babu Sah, Shyam Lal Sah @ Shyam Babu Sah, Laxman Sah, Ram Sewak Sah and Laldeo Sah are concerned, their prayer for anticipatory bail is rejected. However, if the petitioners surrender before the Court below and apply for regular bail, the same shall be considered and disposed of by the Court below on their own merit uninfluenced by the present order passed by this Court in the present proceeding. Sym/ (Kishore K. Mandal, J.)