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Patna High CourtCR. MISC./4368/2015dismissed

Sanjeet Kumar @ Sanjit Mahto @ Sanjeev Kumar And ANR v. The State Of Bihar

2015-02-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4368 of 2015 Arising Out of PS.Case No. -16 Year- 2014 Thana -KANHAULI District- SITAMARHI ======================================================

1. Sanjeet Kumar @ Sanjit Mahto @ Sanjeev Kumar S/o Shri Bhola Mahto

2. Ranjeet Kumar S/o Shri Bhola Mahto Both Resident of Village Kanhauli, P.S. Kanhauli, District Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nirmal Kumar Sinha-3 For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2015 Heard both the sides.

The petitioners apprehend their arrest in Kanhauli P.S.Case No. 167/2004 for the offences punishable under Sections 341, 323, 324, 308, 354, 379 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are alleged to have assaulted the mother and father of the informant with Farsa and had also torn the cloth of his mother. Learned counsel for the petitioners further submits that the petitioners are innocent and on account of flow of drainage, the occurrence took place and the injuries found on the persons of the parents of the informant are simple in nature. Other accused

Patna High Court Cr.Misc. No.4368 of 2015 (2) dt.02-02-2015 2/2 persons have already been enlarged on anticipatory bail by the learned Sessions Judge.

From records it appears that the petitioners Sanjeet Kumar @ Sanjit Mahto @ Sanjeev Kumar and Ranjeet Kuamr are alleged to have assaulted the mother and father of the informant and had torn the cloth of the mother.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer is rejected.

However, the petitioners are directed to surrender in the court below within four weeks from today in connection with Kanhauli P.S.Case No. 16/2004 pending in the court of learned C.J.M., Sitamarhi, and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner keeping in mind that the injuries found on the persons of the parents of the informant are simple and dispose of on the same day without being prejudiced by this order.

(Prabhat Kumar Jha, J) singh/- U T