Ashok Das And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11784 of 2019 Arising Out of PS. Case No.-252 Year-2018 Thana- DHURAIYA District- Banka * ====================================================== 1.

Ashok Das S/o Late Tarni Das village-Pothia, P.S-Dhoraiya, District-Banka 2.

Pinki Devi W/o Ashok Das village-Pothia, P.S-Dhoraiya, District-Banka 3.

Roshan Kumar @ Roushan Das S/o Ashok Das village-Pothia, P.SDhoraiya, District-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 341, 323, 307, 504, 506 of the Indian Penal Code.

The prosecution case, in brief, is that in the backdrop of a petty issue, a dispute arose in between the parties and in consequence thereof, the accused persons assaulted the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.11784 of 2019(2) dt.26-02-2019 2/2 petitioners. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Vikash Kumar, learned Judicial Magistrate-Ist Class, Banka in connection with Dhoraiya P.S. Case No. 252 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T