Raju Gupta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19181 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -SIKARHATA District- BHOJPUR ======================================================

1. Raju Gupta, S/o Guput Sah.

2. Sunil Gupta, S/o Raju Gupta.

3. Ranjeet Gupta, S/o Raju Gupta,

4. Samfulla Devi @ Sanfulla Devi, W/o Raju Gupta All resident of Village- Deo, P.S.- Sikarahta, District- Bhojpur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. At the very outset, it is pointed out that petitioner no. 3, namely, Ranjeet Gupta has been arrested and, therefore, his prayer for anticipatory bail has become infructuous. In view of the aforesaid submission, prayer for anticipatory bail of petitioner no. 3, namely, Ranjeet Gupta stands dismissed being infructuous.

Petitioner no. 1, namely, Raju Gupta, petitioner no. 2, namely, Sunil Gupta and petitioner no. 4, namely, Samfulla Devi

Patna High Court Cr.Misc. No.19181 of 2018 (2) dt.05-04-2018 2/3 @ Sanfulla Devi apprehend their arrest in connection with Sikarahta P.S. Case No. 04 of 2018 registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

The accusation against the petitioners and other F.I.R. named accused is that they assaulted the informant and his other family members but from perusal of written report, I find that it was Ranjit Gupta, who gave blow to Sumedha Sah causing head injury to him and the aforesaid Ranjit Gupta has already been arrested. So far as petitioners are concerned, general allegation of assault and pelting bricks has been levelled. Moreover, there is counter case also and in the said counter case, petitioner no. 4 claimed that it were prosecution party who assaulted her and others.

Considering the aforesaid facts and circumstances as well as this aspect of the matter that both parties are agnates, it is ordered that petitioners, namely, Raju Gupta, Sunil Gupta and Samfulla Devi @ Sanfulla Devi, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional

Patna High Court Cr.Misc. No.19181 of 2018 (2) dt.05-04-2018 3/3 Judicial Magistrate, Ara, Bhojpur in Sikarahta P.S. Case No. 04 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T