Dileshwar Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17476 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Dileshwar Kumar son of Ram Bhagat,

2. Kamlesh Kumar, son of Rama Bhagat, Both are of resident of villageLadauli, P.S.- Sidhwalia, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 353, 379/34 of the Indian Penal Code. The prosecution case is that the petitioners along with co-accused Rama Bhagat and Munnu Kumar surrounded the informant and started assaulting with fists, slaps and farsa. It is alleged that co-accused Rama Bhagat tried to throttle the informant after tying rope around his neck. When informant's sister came to rescue, the accused persons assaulted her also. The motive of occurrence as alleged is that Rama Bhagat had suspicion that he used to talk with the daughter of the informant on

Patna High Court Cr.Misc. No.17476 of 2016 (2) dt.25-04-2016 mobile.

It is submitted by the learned counsel for the petitioners that specific accusation of assault is against coaccused Rama Bhagat. The accusation of assault is omnibus and general. The injury caused to the informant has been found superficial and simple in nature. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their 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-VIII, Gopalganj in connection with Sidhwalia P.S. Case No. 14 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) P.K./- U T