Pramod Kapri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53365 of 2018 Arising Out of PS. Case No.-334 Year-2018 Thana- BANKA District- Banka ====================================================== Pramod Kapri, S/o Late Panchkaurhi Kapri, R/o Vill.- Garhona, P.S.- Baerahat, District- Banka.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Braj Nandan Kumar Tiwary, Advocate For the Opposite Party :

Mr. Sakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 307, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that six feet wide road was allotted to the brother of the informant, namely, Sarjun Kapri, in compliance of direction of the Punches and his brother Pramod Kapri (petitioner) also demanded the share and passage in one Katha of land which has been purchased by the informant in the name of his wife and further Pramod Kapri (petitioner), co-accused Jitendra Kapri having Lathi and Parkhanti came and said that till allotment of share, no work will be done and then informant claim land is his own land then both Pramod Kapri (petitioner) and co-accused Jitendra Kapri assaulted to him and

Patna High Court Cr.Misc. No.53365 of 2018(3) dt.20-11-2018 2/3 his daughter Priyanka Kumari causing injuries and both snatched the silver chain from the neck of his wife, 2 Bhars silver chain from the neck of his daughter weighing about 5 Bhars and further threatened to kill him if he will not give share to land them.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Banka (Barahat) P. S. Case No. 334/2018, corresponding to G.R. No. 1588 of 2018, subject to the

Patna High Court Cr.Misc. No.53365 of 2018(3) dt.20-11-2018 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T