Ful Kumari Devi @ Ful Kumari v. STATE OF BIHAR
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Provisions considered
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2892 of 2009 Ful Kumari Devi @ Ful Kumari W/o Mohan Yadav Sangita Kumar D/o Mohan Yadav Both resident of village-Tenudih, P.S. Singha, Distt.-Samastipur. Versus STATE OF BIHAR With Cr. Misc. No. 544 of 2009 Kailash Yadav S/o Late Ram Kumar Yadav Baidynath Yadav S/o late Ram Kumar Yadav Shiv Kumar Yadav @ Shibu Yadav S/o Late Ram Kumar Yadav Kari Yadav S/o Shibu Yadav Anirudh Yadav S/o Late Jiwachh Yadav Ram Bilash Yadav S/o late Bhahadur Yadav Ram Kumar Yadav S/o Bhudhan Yadav Jaysingh Yadav S/o Alesher Yadav All resident of village- Tenudih, P.S. Singha, District-Samstipur Versus STATE OF BIHAR ----------- 3/
23.03.2009 Heard learned counsel for the petitioners and the State. Petitioners in the two applications are apprehending their arrest in connection with a case registered under sections 302, 201, 120-B/34 of the Indian Penal Code and they are named in the first information report. It is submitted on their behalf that after investigation the police submitted final form and the petitioners and others named in the first information report were not sent up for trial but the court below differing with the final form has taken cognizance and issued summons to the petitioners and that is why they are apprehending their arrest. Let the petitioners surrender within four weeks from today in the court below and if it is a fact that after investigation the police submitted final form and the petitioners were not sent up for trial and - 2 - the court below differing with the final form has taken cognizance, they (1. Ful Kumari Devi @ Fulkumari, 2. Sangita Kumari, 3. Kailash Yadav, 4. Baidynath Yadav, 5. Shiv Kumar Yadav @ Shibu Yadav, 6. Kari Yadav, 7. Anirudh Yadav, 8. Ram Bilash Yadav, 9. Ram Kumar Yadav and 10. Jaysingh Yadav) be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M, Rosera, Samastipur, in connection with Singhia P.S. case no.78 of 2008, subject to the conditions as laid down u/s 438 (2) Cr.P.C. JA/- (V. N. Sinha, J.)
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