Patna High CourtCR. MISC./32953/2018bail granted

Sunil Thakur And ANR v. The State Of Bihar

2018-07-03Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32953 of 2018 Arising Out of PS.Case No. -42 Year- 2018 Thana - KUTUMBA District- AURANGABAD =====================================

1. Sunil Thakur, S/o Lallu Thakur,

2. Muni Devi @ Munni Devi W/o Arun Thakur , Both are R/o Vill.- Moiahida (Mouzhida), P.S.- Kutumba, DistrictAurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratneshwar Prasad For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-07-2018 The petitioners seek bail in anticipation of their arrest in connection with Kutumba P.S. Case No. 42 of 2018 dated 21.03.2018 instituted for the offences under Sections 341, 323, 504, 307, 379, 34 of the Indian Penal Code. The petitioners are alleged to have assaulted the informant and her daughter while they were coming back home after attending to the call of nature.

The learned counsel for the petitioners has submitted that the wife of petitioner No. 1 has also filed a case which is the counter version of the occurrence against the husband of the informant and others. The allegation in the F.I.R. appears to be absurd in as much as no reason has been assigned for

Patna High Court Cr.Misc. No.32953 of 2018 (2) dt.03-07-2018 2/2 the aforesaid assault. All that has been stated in the F.I.R is that the petitioner No. 1 and another started abusing the informant, perhaps in a state of intoxication. It has further been submitted that because of the land dispute, the present case has been lodged.

Regard being had to the fact that the injuries suffered by the informant are simple in nature and the circumstances in which the case has been lodged, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Kutumba P.S. Case No. 42 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T