Mithilesh Singh @ Mithilesh Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44931 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Mithilesh Singh @ Mithilesh Kumar Singh,

2. Mrityunjay Singh @ Mritunjay Kr. Singh, Both Sons of Late Anirudh Prasad Singh, R/o Village- Chansara, P.S.- Alamnagar, DistrictMadhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/324/307/379/504/506/34 of the Indian Penal Code. Petitioner Mithlesh Singh @ Mithilesh Kumar Singh allegedly caused injury to the mother of the informant on the head. The doctor has found simple injury on the head. However, a fracture on the hand.

Considering the fact that the petitioner Mithilesh Singh @ Mithilesh Kumar Singh had knowledge that his act might cause death, I am not inclined to grant anticipatory bail

Patna High Court Cr.Misc. No.44931 of 2017 (2) dt.20-09-2017 P2/ to the petitioner. Hence, the prayer for anticipatory bail is refused. Though there is allegation of commission of theft against petitioner Mrityunjay Singh @ Mrityunjay Kumar Singh, however, considering the fact that both the parties are family members and there is case and counter case between the parties, let the petitioner Mrityunjay Singh @ Mrityunjay Kumar Singh, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.

20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura/successor Court in connection with Alamnagar Police Station Case No. 42 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T