Rambilas Kamti And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4846 of 2016 Arising Out of PS.Case No. -277 Year- 2015 Thana -BAHERA District- DARBHANGA ======================================================
1. Rambilas Kamti son of Late Nagad Kamti
2. Chandan Kamti son of Faguni Kamti Both resident of Village- Habibhouar, P.S. Bahera, District- Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 05-02-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 307 and 379/34 of the Indian Penal Code.
The prosecution case is that the informant was erecting hutment on his land which was protested by the accused persons as they claimed that the informant erecting hutment on their land. Thereafter, petitioner nos. 1 and 2 assaulted the informant with Farsa and Khanti respectively when the female members came to rescue then they were also assaulted. It is further alleged that the accused persons
Patna High Court Cr.Misc. No.4846 of 2016 (2) dt.05-02-2016 2/2 committed theft in the hutment of the informant. It is submitted by learned counsel for the petitioners that for the occurrence of 03.06.2015 at 11.00 A.M. the FIR was registered on 04.06.2015 at 11.20 A.M. There is a counter version of the occurrence also and the petitioners being agnates have been roped in due to the old enmity. The injury of the informant has been found simple in nature. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners 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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, District - Darbhanga in connection with Bahera P.S. Case No. 277 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.