Uma Bhar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17045 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -GOPALPUR District- GOPALGANJ ======================================================

1. Uma Bhar son of Jangilal

2. Sunil Bhar son of Uma Bhar Both are residents of village - Bharpatiya, Police Station - Gopalpur, District - Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Gopalpur P.S. Case No. 02 of 2018/ G.R. No. 24 of 2018 for the offences punishable under sections 341, 323, 307, 504 and 34 of the I.P.C. Allegedly, the petitioner no.1 started abusing the informant and when her husband asked the reason, altercation took place and then petitioner no.2 and co-accused Sanjay Bhar being armed with danda, farsa and Karas came there and started assaulting him on his head also and when the informant tried to rescue her husband she too was assaulted by them resulting both

Patna High Court Cr.Misc. No.17045 of 2018 (2) dt.06-04-2018 2/2 sustained serious injuries on their persons.

Submission is of false implication and that there is no specific allegation against the petitioners, both parties are Pattidars, from perusal of the FIR and the injury report it reveals that no case under section 307 of the I.P.C. is made out and the rest alleged sections are bailable, there is long standing enmity due to land dispute between the parties and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. fairly submits that from the impugned order it reveals that the injuries are reported to be simple in nature.

In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, 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 A.C.J.M-XI, Gopalganj in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T