Shatrughan Thakur And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15166 of 2018 Arising Out of PS.Case No. -218 Year- 2017 Thana -DARBHANGA District- DARBHANGA ======================================================

1. Shatrughan Thakur, Son of Late Ram Prasad Thakur,

2. Deepak Thakur, Son of Shatrughan Thakur,

3. Raushan Thakur @ Raushan Kumar, Son of Shatrughan Thakur,

4. Arti Devi, Wife of Shatrughan Thakur, All resident of Village/Mohalla- Ratnopatti, P.S.- Town, DistrictDarbhanga (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate. For the Opposite Party/s : Smt. Meena Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Darbhanga Town P.S. Case No. 218 of 2017 instituted for the offence under Sections 341, 323, 307, 504, 354, 379, 427 and 34 of the Indian Penal Code.

It is alleged in the written report that these petitioners assaulted the informant and his wife Puja Devi on account of altercation as alleged in the written report. The injury report has been enclosed as Annexure-2 which shows that injury found on the person of the informant and

Patna High Court Cr.Misc. No.15166 of 2018 (2) dt.11-04-2018 2/3 his wife was simple in nature.

Learned counsel for the petitioners has submitted that there is no any intention to assault which would appear from the injury report. It has further been submitted that altercation had taken place between the parties as earlier petitioners have made complaint against the informant and co-accused Vikas Sharan Sahu before the SSP for misbehaving with petitioner No. 4 and to save their skin the instant case has been filed. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Darbhanga Town P.S. Case No. 218 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.15166 of 2018 (2) dt.11-04-2018 3/3 liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T