Binod Thakur And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36402 of 2015 Arising Out of PS.Case No. -50 Year- 2015 Thana -KHAJAULI District- MADHUBANI ======================================================

1. Binod Thakur Son of Chalitar Thakur,

2. Sunil Kumar Thakur @ Sunil Thakur Son of Chalitar Thakur

3. Sonia Devi @ Soni Kumar @ Soni Kumari Daughter of Chalitar Thakur,

4. Chalitar Thakur Son of Late Mushaharu Thakur,

5. Dhaneshwari Devi @ Dharmeshwari Devi and wife of Chalitar Thakur,

6. Param Shila Devi Wife of Binod Thakur, Resident of Village- Sukki, Dinh Tole, P.S. Khajouli, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-09-2015 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, 307, 504/34 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act. For a petty dispute for plucking the leaves of myrtle (Mehandi) from the filed of petitioner Binod Thakur, the daughter of petitioner Chalitra Thakur assaulted grand daughter of the informant. Subsequently, the accused side assaulted the informant side. The informant received grievous

Patna High Court Cr.Misc. No.36402 of 2015 (2) dt.08-09-2015 2/3 injury on his head.

It is submitted by learned counsel for the petitioners that for a petty dispute the accusation has been levelled and there is a counter version of the occurrence also. Three persons from petitioners' side have also received injury. 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 petitioner nos. 3, 5 and 6, who are unmarried girl and ladies, be released on anticipatory 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 Judicial Magistrate, Ist Class, Madhubani in connection with Khajouli P.S. Case No. 50 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

So far as petitioner nos. 1, 2 and 4 are concerned, let the learned court below consider their prayer for regular bail keeping in view of the fact that there is a counter version of the occurrence and petitioners' side have also received injury, if they surrender before the learned court below within a

Patna High Court Cr.Misc. No.36402 of 2015 (2) dt.08-09-2015 3/3 period of six weeks from today.

Accordingly, the application on behalf of petitioner nos. 1, 2 and 4 is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T