Murari Dubey And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45011 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -KATEYA District- GOPALGANJ ======================================================
1. Murari Dubey S/o Late Ambika Dubey
2. Satish Dubey S/o Murari Dubey
3. Chitranjan Dubey S/o Late Kedar Dubey
4. Ramesh Mishra S/o Ramjanak Mishra All resident of village- Bhathawa, P.S.- Kateya, District- Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Dr. M.K. Gautam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-10-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,342,323,324,325,307 of the Indian Penal Code. The prosecution case is that the informant's father and brother were going to market when four accused persons assaulted the father of the informant causing fracture of hand. Petitioner no. 1 assaulted with farsa to the brother of the informant on head when the uncle of the informant came to rescue then he was also assaulted.
It is submitted by the learned counsel for the petitioners
Patna High Court Cr.Misc. No.45011 of 2015 (2) dt.15-10-2015 2/3 that the accusation is specific only against petitioner no. 1 Murari Debey whereas with regard to the injury of informant's father and uncle, opinion has been kept reserved but apparently it appears to be superficial simple in nature. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. It is further submitted that the petitioners side at earlier point of time lodged Complaint Case No. 1336 of 2013 against the informant side.
Considering the specific accusation against petitioner no. 1, this court is not inclined to grant anticipatory bail to him. However, let the learned court below consider the prayer for regular bail of the petitioner no. 1 in case the petitioner no. 1 surrenders within six weeks from today in connection with Kateya P.S. Case No. 111 of 2015 pending in the court of learned C.J.M. Gopalganj.
So far as petitioner nos. 2 to 4 are concerned, since the accusation is omnibus and general and Statement being made in paragraph 3 of the petition that they have no criminal antecedent, let them be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.45011 of 2015 (2) dt.15-10-2015 3/3 satisfaction of learned CJM, Gopalganj in connection with the aforementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T