Dharmendra Khatik And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54500 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -BHORE District- GOPALGANJ ======================================================

1. Dharmendra Khatik, son of Vishwa Nath Khatik,

2. Allah Khatik, son of Gorakh Khatik, Both are resident of VillageDomanpur Tola Gosaiyan, P.O.- Lami Chaur, P.S.- Bhore, DisttGopalganj.

3. Nand Kumar Khatik, son of Budhan Khatik, resident of VillageBandhwan Tola, P.S.- Phulwariya, Distt- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Verma For the Opposite Party/s : Mr. Ramesh Chandra For the informant : Mr. Ajay Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2017 The petitioners are apprehending their arrest in connection with Bhore P.S. Case No. 45 of 2016, registered for offences punishable under Sections 341, 323, 324, 307, 325 and 504 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is case and counter case between the parties and persons from the petitioners' side have also sustained injuries. It has further been submitted that though there is allegation against all the accused persons of assault causing injury to informant's grandfather, however the opinion has been kept reserved. It has further been submitted that the petitioners have no criminal

Patna High Court Cr.Misc. No.54500 of 2016 (3) dt.30-01-2017 2/2 antecedent.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts that there is direct allegation of assault against these petitioners, I am not inclined to grant the petitioners, the privilege of anticipatory bail, it is accordingly rejected.

However, if the petitioners surrender before the court below and make prayer for regular bail, their application shall be considered by learned court below after examining the facts that there is case and counter case between the parties, petitioners' side have also received injuries and also the nature of injury inflicted on the person of grand father of the informant and shall try to dispose of the said application, if possible, on the very same day. (Vinod Kumar Sinha, J) sunil/- U T