Sanjay Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16377 of 2019 Arising Out of PS. Case No.-256 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== 1.

SANJAY SHUKLA, Son of Late Gauri Shukla @ Late Rama Shankar Shukla, R/o village- Rampurawa Ghat, P.S.- Chanpatia, District- West Champaran 2.

Munni Shukla @ Munni Devi, Wife of Sanjay Shukla, R/o villageRampurawa Ghat, P.S.- Chanpatia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Chanpatia Police Station Case No. 256 of 2018, disclosing offences under Sections 447/341/323/324/308/354B/ 379/504/506/34 of the Indian Penal Code.

It is evident from the First Information Report that the parties to the dispute are agnates, which has been mentioned in the First Information Report also. Allegedly, the petitioners assaulted the informant and her son with an iron rod and lathi. They are said to have snatched informant's golden mangalsutra. Learned Counsel appearing on behalf of the

Patna High Court CR. MISC. No.16377 of 2019(2) dt.15-03-2019 2/2 petitioners has submitted that the injuries have been found to be simple in nature. As regards the allegation constituting offence under Section 354B of the Indian Penal Code, his contention is just super imposition.

Considering the above submission, this application is allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Chanpatia Police Station Case No. 256 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) ragini/- U √ T √