Patna High CourtCR. MISC./8922/2017bail granted

Shankar Tiwari And ANR v. The State Of Bihar

2017-03-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8922 of 2017 Arising Out of PS.Case No. -184 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================

1. Shankar Tiwari, Son of Charitra Tiwari,

2. Anandi Tiwari, Son of Jatan Tiwari, Both resident of village - Tiwari Chak, P.S. Fatehpur, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Kumar Barnwal, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-03-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Fatehpur P.S. Case No. 184 of 2016 instituted for the offence under Sections 341, 323, 504, 307, 325 and 34 of the Indian Penal Code. There is allegation that petitioner No. 1 assaulted with Khanti on the head of the informant whereas petitioner No. 2 assaulted the informant with iron rod on his right hand causing fracture injury.

Case diary has been received.

It has been submitted on behalf of the petitioners that the alleged occurrence took place on 13.6.2016 whereas the First Information Report has been instituted after long delay i.e.

Patna High Court Cr.Misc. No.8922 of 2017 (3) dt.29-03-2017 2/2 8.7.2017. The explanation for such delay has been mentioned in the written report that the informant was discharged from Hospital on 20.6.2016 and, thereafter, he instituted the instant written report. The injury report of informant is available in the case diary. The doctor has found normal C.T. Scan and fracture of ulna. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Fatehpur P.S. Case No. 184 of 2016, they shall be released on anticipatory 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 Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T