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Patna High CourtCR. MISC./10210/2019bail granted

Jyoti Bhushan Tiwari @ Pintu Tiwary And ANR v. The State Of Bihar

2019-02-20Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10210 of 2019 Arising Out of PS. Case No.-244 Year-2018 Thana- KATEYA District- Gopalganj ======================================================

1. Jyoti Bhushan Tiwari @ Pintu Tiwary Son of Jay Prakash Tiwary Resident of Village - Ter Khemraj,

2. Jay Prakash Tiwary @ Jai Prakash Tiwari Son of late Harihar Tiwary Resident of Village -Ter Khemraj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey No. 5 Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2019 Heard the learned counsel for the petitioners and the State.

The petitioners, who are father and son amongst themselves, seek bail in anticipation of their arrest in connection with Kateya P. S. Case No. 244 of 2018 dated 02.08.2018 instituted for the offences under Sections 341, 323, 307, 354, 379 and 34 of the Indian Penal Code. The allegation against the petitioners is of having made a forced entry in the house of the informant and apart from assaulting the members of the house, petitioner no. 1

Patna High Court Cr.Misc. No.10210 of 2019(2) dt.20-02-2019 2/3 is also alleged to have made attempts to outrage the modesty of one female member, who happens to be the sister-in-law of petitioner no. 1.

Learned counsel for the petitioners has submitted and has drawn the attention of this Court to the counter versions of the occurrence lodged by the petitioner no. 1. The dispute between the parties, who are agnates, is because of a piece of land, for which the parties have competing claims. The injuries suffered by the victim of this case have been opined to be simple in nature. Considering the background facts and the nature of accusation, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - XV, Gopalganj in connection with Kateya P. S. Case No. 244 of 2018, subject to the conditions as laid

Patna High Court Cr.Misc. No.10210 of 2019(2) dt.20-02-2019 3/3 down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U