Dukhi Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20119 of 2022 Arising Out of PS. Case No.-30 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== 1.

DUKHI THAKUR Son of Late Suryanarain Thakur Resident of Village - Madhuwan, P.S. Madhepura (Bharrahi O.P.), District - Madhepura. 2.

Prince Kumar Son of Arbind Thakur @ Arvind Kumar Thakur Resident of Village - Madhuwan, P.S. Madhepura (Bharrahi O.P.), District - Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 31698 of 2022 Arising Out of PS. Case No.-30 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== 1.

MUKESH KUMAR THAKUR @ MUKESH THAKUR S/o Narayan Thakur Resident of Village- Madhuwan, P.S.- Madhepura (Bharrahi O.P.), District- Madhepura.

2.

Rajesh Kumar Thakur @ Rajesh Kumar S/o Narayan Thakur Resident of Village- Madhuwan, P.S.- Madhepura (Bharrahi O.P.), District- Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 20119 of 2022) For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan,A.P.P.

(In CRIMINAL MISCELLANEOUS No. 31698 of 2022) For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2022 CRIMINAL MISCELLANEOUS No. 20119 of 2022 Heard learned counsel for the petitioners and learned and learned APP for the State.

2/5 The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 379, 427, 504, 506, 307 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are person with clean antecedent, it is next submitted that petitioners and the informant are neighbours, no doubt the occurrence had taken place and a counter case was filed by both the sides. Learned counsel next submits that on intervention of well-wishers the informant has filed a compromise petition and even from the side of the petitioners also a compromise petition has been filed in the case instituted by them. Learned counsel next submits that since the parties are not willing to pursue the case on intervention of well-wishers, as such, no justifiable purpose would be served by sending them to jail. Learned counsel thereafter files a supplementary affidavit bringing on record, the compromise petition filed by both the sides, the supplementary affidavit is taken on record.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

3/5 Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Madhepura P.S. Case No. 30 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. CRIMINAL MISCELLANEOUS No. 31698 of 2022 Heard learned counsel for the petitioners and learned and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 379, 427, 504, 506, 307 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are person with clean antecedent, it is next submitted that petitioners and the informant are neighbours,

4/5 no doubt the occurrence had taken place and a counter case was filed by both the sides. Learned counsel next submits that on intervention of well-wishers the informant has filed a compromise petition and even from the side of the petitioners also a compromise petition has been filed in the case instituted by them. Learned counsel next submits that since the parties are not willing to pursue the case on intervention of well-wishers, as such, no justifiable purpose would be served by sending them to jail. Learned counsel thereafter files a supplementary affidavit bringing on record, the compromise petition filed by both the sides, the supplementary affidavit is taken on record.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court

5/5 where the case is pending/successor court in connection with Madhepura P.S. Case No. 30 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T