Satish Kunwar @ Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20756 of 2019 Arising Out of PS. Case No.-284 Year-2018 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

SATISH KUNWAR @ SATISH KUMAR, Son of Hari Shankar Kunwar @ Hari Shankar Kumar Resident of Village- Bangaon Goat ( Bangav), P.S.- Bajpatti, District- Sitamarhi.

2.

Birendra Kumar @ Birendra Kunwar, Son of Hari Shankar Kunwar @ Hari Shankar Kumar Resident of Village- Bangaon Goat ( Bangav), P.S.- Bajpatti, District- Sitamarhi.

3.

Satyendra Kumar @ Kunwar, Son of Hari Shankar Kunwar @ Hari Shankar Kumar Resident of Village- Bangaon Goat ( Bangav), P.S.- Bajpatti, District- Sitamarhi.

4.

Janaki Devi @ Si Janki Devi, Wife of Hari Shankar Kumar @ Hari Shankar Kunwar Resident of Village- Bangaon Goat ( Bangav), P.S.- Bajpatti, District- Sitamarhi.

5.

Bibha Devi, D/o- Hari Shankar Kunwer @ Hari Shankar Kumar Resident of Village- Bangaon Goat ( Bangav), P.S.- Bajpatti, District- Sitamarhi. 6.

Rani Devi, Wife of Birendra Kunwer @ Birendra Kumar Resident of Village- Bangaon Goat ( Bangav), P.S.- Bajpatti, District- Sitamarhi. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Mishra For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2019 Petitioners seek bail in anticipation of their arrest in connection with Bajpatti P.S. Case No. 284 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 and 379 of the Indian Penal Code.

Allegation against the petitioner No.1 is that he assaulted the informant by Dabia on his head, petitioner No.2 caught hold of the informant, petitioner No.3 assaulted by iron

Patna High Court CR. MISC. No.20756 of 2019(2) dt.08-05-2019 2/3 rod, petitioner Nos. 4 and 5 snatched gold Mangal sutra and gold tops from the wife of the informant and petitioner No.6 is named in the FIR.

Submission of learned counsel for the petitioners is that scuffle took place between the gotias and there is case and counter case and except specific allegation against petitioner No.1 that he assaulted the informant by means of Dabia on his head and allegation against petitioner No.2 that he assaulted by rod but it is not mentioned on which part of the body he has assaulted, there is nothing against other petitioners, who are female members.

Heard learned APP also.

In view of above facts and circumstances, let petitioner Nos. 2 to 6, named above, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Pupri (Sitamarhi), in connection with Bajpatti P.S.Case No. 284 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person

Patna High Court CR. MISC. No.20756 of 2019(2) dt.08-05-2019 3/3 having sufficient immoveable property within the jurisdiction of the court concerned.

So far petitioner No.1 is concerned, he should surrender and make prayer for regular bail, which shall be considered on the basis of materials available on the record. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T