IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7593 of 2010 1.ASHOK PANDEY son of Shambhu Nath pandey 2. Shambhu Nath Pandey alias Shambhu Pandey son of late Jagarnath pandey 3.Raj Kali Devi alias Raj Kumari Devi w/o Malik Pandey, all are r/o village Mirpur P.S. Chiraiya, Dist. Muzaffarpur…..Petitioners. Versus THE STATE OF BIHAR ----------- 2 19.3.2010 Heard Mr. .V.K. Kumar, learned senior counsel for the petitioners and Mr. Manish Kumar No.2, learned A.P.P. for the State. Petitioners apprehend their arrest in a case instituted under section 302 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that as a matter of fact petitioners are not specifically named in the first information report. There is general and omnibus allegation of assault against all the accused persons named in the first information report. It is further submitted that a counter case vide annexure-2 has been filed from the side of petitioners by co-accused Maonj Pandey. Learned counsel for the petitioners has produced the certified copy of order dated 20.11.2009, passed in Cr. Misc. No. 35115 of 2009 by a Bench of this Court, whereby co-accused Neelam Kumari, Runa Kumari, Sharda Devi, Malti Devi @ Manti Devi, who are named in the first information report as accused, have been extended the privilege of anticipatory bail. Subsequently the statement of injured Chandradeo Sah, who subsequently died, has also been brought on record by way of anneuxure-3. From perusal of annexure-3, also there is nothing specific against petitioner no.3 Raj kali Devi @ Raj Kumari Devi, who is also a lady. Learned counsel for the State has not disputed the aforesaid - 2 - position. In that view of the matter, let petitioner no.3 namely Raj Kali Devi @ Raj Kumari Devi in the event of her arrest or surrender within four weeks from today , be enlarged on bail on furnishing bail bod of Rs. 10,000/- (ten thousand0 with two sureties of like amount each to the satisfaction of S.D.J.M, Sikarhana at Motihari, East Champapran, subject to the conditions laid down under section 438(2) Cr.P.C. So far prayer made on behalf of petiotners no.1 and 2 namely Ashok Pandey and Shambhu Nath Pandey alias Shjambhu Pandey is concerned, their prayer for anticipatory bail is rejected. They are directed to surrender in the court below within four weeks from today and seek regular bail. If such a petition is filed the same should be considered on its own merit without being prejudiced by this order. While considering their prayer for bail, the court below shall be obliged to look into all the materials including the facts that the co-accused persons have been granted anticipatory bail. (Birendra Prasad Verma, J) M.Rahman