Shibu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8812 of 2020 Arising Out of PS. Case No.-143 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== 1.

SHIBU KUMAR Son of Ujendra Singh Resident of Village - Kalyanpur, P.S.- Barauli, Dist.- Gopalganj.

2.

Priasu Kumar @ Prianshu Kumar Son of Ujendra Singh Resident of Village - Kalyanpur, P.S.- Barauli, Dist.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Barauli PS case no. 143 of 2019 registered for the offences punishable under Section 307 and other sections of Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein having arrived at the house of the informant and are stated to have brutally assaulted the wife and daughter of the informant.

The learned counsel for the petitioners has submitted that the petitioners are innocent, having clean antecedent and have been falsely implicated in the present case. It is further submitted that as far as petitioner no. 2 is concerned,

Patna High Court CR. MISC. No.8812 of 2020(2) dt.29-02-2020 2/2 there is no specific allegation of any sort of overt act, however the petitioner no. 1 is stated to have assaulted the daughter of the informant namely Ramita Kumari but the impugned order dated 13.11.2019 would show that the injuries are simple in nature, hence it is submitted that a lenient view may be taken. Having regard to the facts and circumstances of the case and considering submissions made by the learned counsel for the petitioner, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIV, Gopalganj in connection with Barauli PS case no. 143 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T