Chhathu Ray @ Chhathu @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42889 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- PARSA District- Saran ====================================================== 1.

Chhathu Ray @ Chhathu @ Chhotu, Son of Mahesh Ray, Resident of village- Parsauna, Police Station- Parsa, District- Saran. 2.

Mahesh Ray, Son of Deo Prasad Ray Resident of village- Parsauna, Police Station- Parsa, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Najmul Hoda For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Parsa P.S. Case No.116 of 2019, for the offence punishable under Sections 447, 323, 324, 379, 511, 354, 504, 506 and 34 of the Indian Penal Code.

The allegation against the petitioners is that petitioner No.1 assaulted the informant by means of rod on his hand and petitioner No.2 assaulted the wife of the informant by means of Farsa.

Learned counsel appearing for the petitioners submits that both the parties are co-sharer and are neighbours and there is land dispute between them. Learned counsel further submits that the petitioners have also lodged complaint case against the side of the

Patna High Court CR. MISC. No.42889 of 2019(3) dt.27-09-2019 2/2 prosecution bearing Complaint Case No.930 of 2019. Learned counsel further submits that injury caused to the wife of the informant has been found to be simple in nature, however, the injury caused to the informant has been found grievous on his hand which is non-vital part of the body.

Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are co-sharers and neighborus and there is case and counter case between them, I am inclined to grant anticipatory bail to both these petitioners. Accordingly, both the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., XIII, Saran at Chapra, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T