Lilo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10329 of 2016 Arising Out of PS.Case No. -294 Year- 2015 Thana -BARH District- PATNA ====================================================== Lilo Prasad Son of Jawhir Prasad Resident of village - Bahrawan, P.S. Barh, Distt. - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Kashyap For the Opposite Party/s : Mr. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307, 324, 326, 451 and 379/34 of the Indian Penal Code. The prosecution case is that the informant's father namely Shiv Balak Prasad and his brother Sanjay Prasad used to deal in theft articles and used to conceal the stolen property in the house which was protested by the informant and his wife. It is further alleged that due to the above stand of the informant the petitioner being the nephew and other family members of the informant came variously armed, assaulted the wife of the informant and took away chain, earring and ring from the wife of the informant.

Patna High Court Cr.Misc. No.10329 of 2016 (2) dt.03-03-2016 2/2 It is submitted by learned counsel for the petitioner that for the occurrence of 18.07.2015 the FIR was registered on 23.07.2015. The accusation has been levelled in the background of some property dispute. The impugned order does not suggest that any grievous injury was caused to the wife of the informant. The accusation of assault is omnibus and general. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Moreover, co-accused persons have been granted anticipatory bail vide Cr. Misc. Nos. 56158 of 2015 and 1758 of 2016.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 294 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

DKS/- (Dinesh Kumar Singh, J) U T