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Patna High CourtCR. MISC./36551/2016disposed

Ujagar Singh And ORS v. The State Of Bihar

2016-09-16Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36551 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -AMARPUR District- BANKA ======================================================

1. Ujagar Singh Son of late Chhedi Singh

2. Ranjeet Singh S/o Ujagar Singh

3. Randhir Singh S/o Ujagar Singh

4. Manju Devi, W/o Ujagar Singh All R/o village- Kushamaha, P.S.- Amarpur, District- Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Amarpur P.S. Case No.03 of 2016 registered under Sections 341, 323, 307, 447 and 504/34 of the Indian Penal Code. The accusation is that petitioners reached at the house of the informant and started to abuse him. When the informant made protest then they all started to cause injury through lathi and danda. On raising alarm by the informant, when his brothers Subodh Singh and Manoj Singh rushed to save him, they were also assaulted through lathi and stick due to land dispute.

Learned counsel appearing on behalf of the

Patna High Court Cr.Misc. No.36551 of 2016 (2) dt.16-09-2016 2/2 petitioners submits that in fact, the occurrence took place due to land dispute, in which petitioners have also sustained injuries and on the basis of the written report of petitioner no.1, Amarpur P.S. Case No. 02 of 2016 is also lodged against the informant of the present case and others. Further submission is that petitioner no.4 Manju Devi is wife of petitioner no.1 and she has been implicated in this case with general allegation of causing assault. Having considered the facts and circumstances of the case, let the petitioner no. 4, Manju Devi, be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Banka in connection with Amarpur P.S. Case No. 03 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

However, the prayer of anticipatory bail of petitioner nos. 1 to 3 is rejected and they are directed to surrender before the Court below and pray for regular bail, which shall be considered by the trial Court on its own merit without being prejudiced by the present order.

(Rajendra Kumar Mishra, J) Shail/- U T