Upendra Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8900 of 2017 Arising Out of PS.Case No. -589 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Upendra Das, son of late Laldhari Das,

2. Raja Kumar Das, son of Jaijairam Das,

3. Bipin Kumar, son of Upendra Das

4. Binod Kumar, son of Upendra Das

5. Santosh Kumar, son of Upendra Das All resident of village - Nanhkumandal Tola, P.S. Mufassil, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate. For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Khagaria Mufassil P.S. Case No. 589 of 2016 instituted for the offence under Sections 341, 323, 354, 379 and 504/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that occurrence took place on account of flowing of drainage water. There is specific allegation against co-accused Jaijairam Das of assaulting on the head of the informant with rod as a result of which, he sustained injury. It is further alleged that when the wife

Patna High Court Cr.Misc. No.8900 of 2017 (2) dt.28-02-2017 2/2 of the informant Meera Devi and son Amit Kumar came to save, they were also assaulted by the accused persons with iron rod on the head. The accused persons also assaulted the father of the informant and took away golden ear-ring of his wife. It is mentioned in pargraph-3 that the petitioners have clean antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Khagaria Mufassil P.S. Case No. 589 of 2016, 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 learned Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T