Haritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47582 of 2017 Arising Out of PS.Case No. -308 Year- 2017 Thana -GOGRI District- KHAGARIA ======================================================

1. Haritesh Kumar Son of Uday Singh Resident of village- Bari Chak, P.S.- Gogri, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Gogri P.S. Case No. 308/2017 dated 28.06.2017 instituted for the offences under Sections 147, 447, 341, 323, 307, 379 and 506 of the Indian Penal.

The petitioner along with others is alleged to have assaulted the husband, son and daughter of the informant while there was some dispute with respect to construction of house at a disputed plot of land.

Learned counsel for the petitioner has stated that there is a family dispute where three brothers including the husband of the informant have been fighting for their respective shares. The petitioner along with two others is alleged to have assaulted the husband of the informant by means of lathi and iron rod and the

Patna High Court Cr.Misc. No.47582 of 2017 (3) dt.28-11-2017 2/2 petitioner is also alleged to have used the butt of the pistol for assaulting Krishna Nandan Kumar, son of the informant. Mr. Ram Sumiran Rai, learned counsel for the petitioner has submitted that out of three injuries on the person of the husband of the informant, two are simple in nature. There is no injury on the persons of the son and daughter of the informant. Learned counsel on behalf of the informant, however, has stated that the petitioner has wrongly stated in para 3 of the petition that he is a person of fair antecedent. Learned counsel for the petitioner has stated that prior to lodging of the present case, father of the informant had filed a complaint case.

Taking into account the nature of the accusation and period of custody (29.06.2017), the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 308/2017. (Ashutosh Kumar, J.) Rakhi U T