Devendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57499 of 2015 Arising Out of PS.Case No. -69 Year- 2015 Thana -AGIAUN BAZAR District- BHOJPUR ======================================================

1. Devendra Singh, Son of Dasai Singh,

2. Makardhwaj Singh, Son of Dasai Singh Both are residents of villageMahuary, Police Station- Agiaon Bazar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashray Roy For the Opposite Party/s : Mr. Amit Kr.Rakesh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the Informant. The petitioner is apprehending his arrest in connection with Agiaon Bazar P.S. Case No. 69 of 2015, registered for offences punishable under Sections 341, 324, 325, 307, 147, 148, 149, 379, 337 and 338 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners side and the informant side is agnates and first cousins. It is submitted that admittedly there were some free fights between the parties and there was a case and counter case. The petitioners have also lodged Agiaon Bazar P.S. Case No. 68 of 2015. Admittedly, there has been injuries on both sides, the injuries having been caused on the informant side of the present case being more severe than those caused in Agion Bazar P.S. case no. 68 of 2015.

Learned counsel on behalf of the informant submits that the petitioners were the aggressors and had come armed to damage

Patna High Court Cr.Misc. No.57499 of 2015 (2) dt.11-01-2016 2/2 and cause much harm to these petitioners and accordingly both these petitioners have inflicted Garasa and iron Rama blow on the informant and his father.

It appears from the narration of events made in the F.I.R of the present case and also the narration made on behalf of the accused persons in the counter case that there were a series of family disputes which led to the present dispute between the parties. Considering the entire gamut of facts that the petitioners and informant are close relatives and also that the petitioners have no criminal antecedent, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of Dinkar Kumar, Judicial Magistrate 1st Class, Bhojpur, Ara in connection with Agiaon Bazar P.S. Case No. 69 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) sunil/- U T