Mukesh Prasad @ Mukendra Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51388 of 2018 Arising Out of PS.Case No. -83 Year- 2018 Thana -DEO District- AURANGABAD ======================================================
1. Mukesh Prasad @ Mukendra Prasad,
2. Munna Prasad,
3. Sanjeev Prasad @ Sanjeev Kumar, all three S/o Mithu Sao, R/o Deo Malah Tole, P.S.- Deo, District- Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 28-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Deo P.S. Case No.83 of 2018 instituted for the offence under Section(s) 341, 323, 324, 307, 380, 452, 504, and 506 Indian Penal Code. Counsel for the petitioners submits that all these petitioners are son of the Complainant. There is family dispute between the Complainant and accused persons.
In the written report, it is alleged that on the date of occurrence all the petitioners assaulted the Complainant and her son-in-law. When daughter of the Complainant, Juli Devi, came to save them, she was also assaulted by the petitioners. From the written report, it appears that there is general and omnibus allegation against all the accused persons.
Patna High Court Cr.Misc. No.51388 of 2018 (2) dt.28-08-2018 2/2 The injury report has been enclosed as Annexure-2 which shows that son-in-law of the complainant sustained injury on the forehead and that injury was simple in nature. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Deo P.S. Case No.83 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 the Chief Judicial Magistrate, Aurangabad, 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 court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- Rohit Kr.
U T