Pradeep Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44949 of 2018 Arising Out of PS.Case No. -48 Year- 2018 Thana -PATORI District- SAMASTIPUR ======================================================
1. Pradeep Kumar, son of Mithlesh Ray.
2. Mithlesh Rai @ Mithlesh Ray @ Mithlesh Kumar Rai, son of Vindyawasini Ray.
3. Akhilesh Rai @ Akhilesh Ray @ Aklesh Rai, son of Vindyawasini Ray.
4. Manju Devi, wife of Mithlesh Ray
5. Sima Devi, wife of Akhilesh Ray.
6. Bindbasini Rai @ Vindvasini Ray, son of Late Nathuni Ray.
7. Dipak Kumar, son of Mithlesh Ray.
All resident of Village- Bahadurpur Patori Tola Balh, Police Station- Patori, District- Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar, Advocate. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Patori P.S. Case No. 48 of 2018 instituted for the offence under Sections 147, 341, 323, 324, 307, 354-A, 379, 448 and 504 of the Indian Penal Code.
Counsel for the petitioners has submitted that there is land dispute between the parties for which Title Suit is pending in the court below. It has further been submitted that petitioner No. 4 has filed Complaint Case No. 767 of 2017against husband of the
Patna High Court Cr.Misc. No.44949 of 2018 (2) dt.08-08-2018 2/3 informant and others.
In the instant case allegation against petitioner Nos. 2 and 3 is of assaulting husband and Bhainsur of the informant with iron rod causing injury to them. The allegation against other petitioners is of assaulting the family members of the informant. The injury report of all the injured persons have been enclosed as Annexure-2 series wherein the Doctor has found all the injuries on the person of the injured to be simple in nature except opinion has been kept reserved with regard to injury of Rajiv Kr. Ray.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Patori P.S. Case No. 48 of 2018, they shall 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 learned Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the
Patna High Court Cr.Misc. No.44949 of 2018 (2) dt.08-08-2018 3/3 court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and
(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T