Samya Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67425 of 2018 Arising Out of PS. Case No.-489 Year-2018 Thana- AGAMKUAN District- Patna ======================================================

1. Samya Devi wife of Harinandan Yadav

2. Babloo Kumar son of Harinandan Yadav

3. Rakesh Kumar son of Harinandan Yadav

4. Santosh Kumar son of Harinandan Yadav, all are residents of Mohalla Kumhrar Gowaltoli, P.S. Agam Kuan, District Patna. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Ram Krishna Prasad Yadav, Advocate For the State :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the accused persons including the petitioners assaulted the father of the informant by means of fists, slaps, hands and lathi. Accused Manoj Kumar fired at him with pistol and Shashi Kumar assaulted him with bhala, due to which he sustained injuries on his chest. He was taken to the Hospital for treatment.

It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.67425 of 2018(3) dt.21-01-2019 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is no injury report in the case diary to show whether the injury caused is simple or grievous in nature. It cannot be ascertained whether an offence under Section 307 of the I.P.C. is made out.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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 A.C.J.M. I, Patna City in connection with Agam Kuan P.S. case No.489 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T