Dinesh Kumar @ Dinesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5243 of 2023 Arising Out of PS. Case No.-101 Year-2022 Thana- BAGENGOLA District- Buxar ====================================================== 1.

Dinesh Kumar @ Dinesh Kumar Singh S/O Shankar Yadav Resident of village- Dharauli, P.S.- Bagen Gola, District- Buxar. 2.

Full Jharo Devi W/O Shankar Yadav Resident of village- Dharauli, P.S.- Bagen Gola, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2023 At the outset, learned counsel for petitioners seeks permission to withdraw this anticipatory bail application with respect to Dinesh Kumar @ Dinesh Kumar Singh petitioner no. 1.

Permission is granted. The anticipatory bail application with respect to petitioner no. 1 is dismissed as withdrawn.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner no. 2 apprehends her arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

As per the prosecution case, petitioner no. 2 along

Patna High Court CR. MISC. No.5243 of 2023(2) dt.09-05-2023 2/2 with co-accused abused and assaulted the husband of informant (deceased) with Danda.

It is submitted that specific accusation of assault is against co-accused Shankar Yadav and Dinesh Yadav. This petitioner has been made accused in this case simply because she is wife of co-accused Shankar Yadav and mother of Dinesh Yadav. Admittedly, land dispute is pending between the parties. Both parties are close relatives. Petitioner claims clean antecedent.

Considering the facts aforesaid, Full Jharo Devi petitioner no. 2, in the event of her arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist Class, Buxar in connection with Bagen Gola P.S. Case No. 101 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T