Gauri Shankar Thakur @ Gauri Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34904 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- THAWE District- Gopalganj ====================================================== 1.

GAURI SHANKAR THAKUR @ GAURI THAKUR Son of Late Babulal Thakur Resident of Village-Bhusaon, P.S.-Thawe, District-Gopalganj. 2.

Raghaw Thakur @ Ragho Thakur Son of Late Babulal Thakur Resident of Village-Bhusaon,P.S.-Thawe, District-Gopalganj. 3.

Shiv Shankar Thakur Son of Late Babulal Thakur Resident of VillageBhusaon, P.S.-Thawe, District-Gopalganj. 4.

Shiv Kumar Thakur @ Shiv Kumar @ Kariman Son of Satyadeo Thakur Resident of Village-Bhusaon, P.S.-Thawe, District-Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2019 This application, for grant of anticipatory bail, arises out of Thawe P.S. Case No. 214/18, disclosing offences under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

Prosecution case is that while the informant along with his two sons, namely, Prasanna Prasad and Hariom Prasad had gone to their orchard to irrigate the saplings, then petitioner along with other accused persons came variously armed and petitioner nos. 2 and 4 assaulted the informant with rod and petitioner nos. 2 and 3 also assaulted Hariom Prasad on of

Patna High Court CR. MISC. No.34904 of 2019(3) dt.22-08-2019 2/3 informant and petitioner no. 1 Gauri Thakur assaulted the son of informant, namely Prassanna Prasad by means of axe on his head and when he fell down, other accused persons assaulted him and further petitioner no. 3 snatched golden chain of Prasanna Prasad worth Rs. 50,000/- Submission of learned counsel for the petitioners is that there is case and counter case between the parties and though there is allegation against petitioner no. 1 that he assaulted on the head of Prassana Prasad on his head, however, the nature of injury has not been disclosed, whereas, in the counter case filed by petitioner no. 1, he has sustained grievous injury. Apart from that only general and omnibus allegation has been levelled against other accused persons including petitioners.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Thawe

Patna High Court CR. MISC. No.34904 of 2019(3) dt.22-08-2019 3/3 P.S. Case No. 214/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is further subject to the condition that they will cooperate in investigation of the case and will appear as and when required by the police, otherwise their bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunilkumar/- U T