Rajesh Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79324 of 2018 Arising Out of PS. Case No.-2628 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Rajesh Kumar, Son of Durga Sao @ Durga Prasad 2.

Manish Kumar, Son of Durga Sao @ Durga Prasad, Both Resident of Mohalla- CDA Colony, Near St. Vinova School, P.S.- Shastri Nagar, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manju Sharma, Wife of Dharmaveer Sharma, Both Resident of MohallaCDA Colony, Near St. Vinova School, P.S.- Shastri Nagar, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Chandra For the Opposite Party/s :

Mr.Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 2628(C) of 2018, registered under Sections 323, 341, 354 and 379/34 of the Indian Penal Code. The accusation is that Darga Sao, Raju Kumar, Manju Devi, Bebi Devi and petitioners are neighbour of the complainant, Manju Sharma and due to bad behaviour, Manju Sharma lodged Shastrinagar P.S. Case No. 423 of 2014, which is pending for disposal. On 15.06.2018, at about 11 A.M., petitioner no. 1 parked the motorcycle in front of her door due to that reason complainant and her family members facing difficulty. When complainant raised

Patna High Court CR. MISC. No.79324 of 2018(3) dt.02-05-2019 2/2 objection then petitioners along with others named in the complainant petition started to abuse and assault. In the meantime, petitioner no. 1 caused injury to her daughter through iron rod whereas petitioner no. 2 caused injury to complainant and tor her suit. Thereafter, Manju Devi, snatched gold chain from the complainant and petitioner no. 1 caused injury to her daughter Priti Kumari.

Learned counsel for the petitioner submits that, in fact, hot talk was exchanged in between both parties but with ulterior motive petitioners, being the next door neighbour, have facilely been implicated with this case.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 2nd Class, Patna, in connection with Complaint Case No. 2628(C) of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T