Ramji Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9448 of 2020 Arising Out of PS. Case No.-57 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== 1.
Ramji Bhuiyan, S/o Late Tetar Bhuiyan R/o village- Ghatrain Bhiyan Tola, P.S.- Madanpur, District- Aurangabad 2.
Bishudeo Bhuiyan @ Bishundeo Bhuiya, S/o Late Tetar Bhuiyan R/o village- Ghatrain Bhiyan Tola, P.S.- Madanpur, District- Aurangabad 3.
Nanhu Bhuiyan, S/o Nirmal Bhuiyan R/o village- Ghatrain Bhiyan Tola, P.S.- Madanpur, District- Aurangabad 4.
Dharmendra Bhuiyan, S/o Bishudeo Bhuiyan @ Bishundeo Bhuiyan R/o village- Ghatrain Bhiyan Tola, P.S.- Madanpur, District- Aurangabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Pandey For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
Petitioners apprehend their arrest in connection with Madanpur P.S. Case No.57 of 2019, registered for the offence punishable under Sections 341, 323, 447, 307, 379, 504, 506/34 of the Indian Penal Code.
The allegation against the petitioners as per First Information Report is that the petitioners along with other accused persons abused the husband of the informant and one of the accused person, namely, Krishna Bhuiyan, assaulted the
Patna High Court CR. MISC. No.9448 of 2020(2) dt.03-03-2020 2/3 husband of the informant by means of iron rod and these petitioners assaulted the family members of the informant by means of lathi, danda etc.
Mr. Bachchanji Ojha, learned counsel appearing for the petitioners submits that both the parties are agnates and there was dispute between them on trivial issue of quarrel between the children. Learned counsel further submits that no specific allegation has been levelled against these petitioners and allegation against them of assault by lathi, danda is general and omnibus in nature. Learned counsel further submits that from perusal of the impugned order, it would be evident that no apparent serious injury has been found on the persons of the victims.
Having heard learned counsel for the parties and taking into consideration the fact that both the parties are agnates and dispute between them had taken place due to quarrel between the children, I am inclined to grant anticipatory bail to the petitioners.
Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten
Patna High Court CR. MISC. No.9448 of 2020(2) dt.03-03-2020 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad, in connection with Madanpur P.S. Case No.57 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.
(Anil Kumar Sinha, J) sanjeev/- U T