Awadhesh Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.8501 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8501 of 2018 Arising Out of PS.Case No. -142 Year- 2017 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Awadhesh Singh, Son of Kapildeo Singh, Resident of Village Lakhapar, P.S. Parasbigha, District- Jehanabad.

2. Sunil Sharma, Son of Vyas Sharma,

3. Golu Kumar, Son of Madheshwar Sharma, Both resident of village Godiha, P.S. Parasbigha, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Priyedarshi For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-02-2018 Heard both sides.

The petitioners apprehend their arrest in Parasbigha P.S. Case No.142 of 2017 registered under Sections 147, 149, 447, 504, 341, 323, 325, 307 and 379 of the Indian Penal Code. The informant alleged that her uncle, Awadhesh Singh and other accused persons came to her house on account of old land dispute. They abused and assaulted the informant. The learned counsel for the petitioner submits that there is a counter version being Parasbigha P.S. Case No.141 of 2017. The informant got simple injury. There is no specific allegation of assault against the petitioner and others. Similarly

Patna High Court Cr.Misc. No.8501 of 2018 (2) dt.17-02-2018 situated co-accused persons namely Shivam Kumar and two others have already been granted anticipatory bail.

Considering the facts that there is a case and counter case and it appears that the petitioner No.1 is uncle of the informant and the occurrence took place due to old land enmity, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Parasbigha P.S. Case No.142 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T