Patna High CourtCR. MISC./53431/2017bail granted

Onkar Ravidas v. The State Of Bihar

2017-11-13Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53431 of 2017 Arising Out of P.S.Case No. -86 Year- 2017 Thana -LAXMIPUR District- JAMUI ====================================================== Onkar Ravidas S/o Budhu Ravidas Resident of Village- Nichali Sewa, Police Station- Gidhour, District- Jamui.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Amrendra Kumar, Advocate For the Opposite Party : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-11-2017 Heard.

2. The petitioner apprehends arrest in connection with Laxmipur (Gidhour) P.S.Case No.86 of 2017 registered for an offence under Sections 341, 323, 324, 307, 504 and 506/34 of the IPC.

3. It is alleged that altogether eight persons including the petitioner came at the door of informant, abused and assaulted her. This petitioner allegedly assaulted the informant by iron rod on her head.

4. Learned counsel for the petitioner submits that there is bonafide land dispute between the parties. The allegation of assault is omnibus against altogether eight persons. The injuries allegedly caused are simple in nature and no offence under Section

Patna High Court Cr.Misc. No.53431 of 2017 (2) dt.13-11-2017 2/2 307 of the IPC is made out. The other co-accused have been allowed anticipatory bail by the court below in ABP No.455 of 2017 and so the petitioner deserves anticipatory bail.

5. The learned APP opposed the submissions.

6. On perusal of FIR, it appears that there is bonafide land dispute between the parties since before the occurrence. The injury report of Fulwanti Devi is on record as Annexure-2 where in the doctor has reported the injuries as superficial. The petitioner has clean antecedent.

7. Considering the facts and circumstances of the case, prayer for anticipatory bail is allowed. Let the above named petitioner the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-III, Jamui in connection with Laxmipur (Gidhour) P.S.Case No.86 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U T