Ram Dayal Pandey @ Leela Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29865 of 2024 Arising Out of PS. Case No.-817 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Ram Dayal Pandey @ Leela Pandey Son of Late Chulha Pandey Resident of Village- Hariharpur, Police Station- Sadar Hajipur, District- Vaishali 2.

Akhilesh Kumar Pandey Son of Ram Dayal Pandey Resident of VillageHariharpur, Police Station- Sadar Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Dhananjay Mishra, Advocate For the State :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2024 Heard learned counsels for the parties.

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

3. As per prosecution case, allegation against these petitioners is of assaulting informant and his sister and also of trying to outrage the modesty of sister of informant. It is further alleged that they also snatched gold Mangalsutra and cash worth Rs. 37,000/-.

4. It is submitted by learned counsel appearing on behalf of the petitioners that on the alleged date and time of

Patna High Court CR. MISC. No.29865 of 2024(3) dt.28-08-2024 2/3 occurrence, informant tried to grab the land of these petitioners which was objected by them, as a result of which maar-peet took place between the parties. It is further submitted that though there is allegation of assault against these petitioners but doctor has found the injuries sustained by the injured to be simple in nature. Rest of the allegations are ornamental, in order to make the case grave.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. and there is specific allegation of assault against them.

6. Considering the aforesaid facts and circumstances and nature of injuries sustained by the injured, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 817 of 2023, subject to condition as laid down under Section 438(2) of

Patna High Court CR. MISC. No.29865 of 2024(3) dt.28-08-2024 3/3 the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T