Satish Kumar @ Satish Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 44780 of 2015 Arising Out of PS.Case No. -29 Year- 2015 Thana -CHIKSAURA District- NALANDA (BIHARSHARIFF) ====================================================== Satish Kumar @ Satish Prasad, Son of Sri Munna Prasad, resident of village- Dallu Bigha, P.S. Chiksaura, in the District of Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Chiksaura P.S. Case No. 29 of 2015 dated 19.05.2015 instituted under Sections 341/323/307/34 of the Indian Penal Code. As per the prosecution case, the allegation against the petitioner and three others is of assault on the informant, the reason being that there was some dispute with regard to the utensils being given by the bride party to the groom at the time of Tilak. Learned counsel submits that besides the reason given being almost frivolous, it is also unbelievable that the petitioner would go to the village of the victim and then assault them at their place. It is further submitted that even if the allegation is believed, the fact that the F.I.R. was lodged after four days and the specific allegation

Patna High Court Cr.Misc. No.44780 of 2015 (2) dt.14-10-2015 2/2 of assault by iron rod on the head is against another coaccused Krishna Prasad, the petitioner having no criminal antecedent deserves anticipatory bail.

Learned A.P.P. submits that the petitioner is also accused of assault but is not in a position to deny the fact that the allegation against the petitioner is only general and omnibus.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa in Chiksaura P.S. Case No. 29 of 2015, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Ahsanuddin Amanullah, J.) P. Kumar U T