Kumod Kapri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45985 of 2022 Arising Out of PS. Case No.-34 Year-2020 Thana- PANJWARA District- Banka ====================================================== 1.

Kumod Kapri Son Of Lte Bishwanath Kapri Resident Of Village - Mara Tikar, P.S. Panjwara, District - Banka.

2.

Hem Lata Devi Wife Of Kumod Kapri Resident Of Village - Mara Tikar, P.S. Panjwara, District - Banka.

3.

Ganpat Kapri Son Of Late Bishwanath Kapri Resident Of Village - Mara Tikar, P.S. Panjwara, District - Banka.

4.

Asha Devi Wife Of Ganpat Kapri Resident Of Village - Mara Tikar, P.S. Panjwara, District - Banka.

5.

Rajeev Kapri Son Of Birendra Kapri Resident Of Village - Mara Tikar, P.S. Panjwara, District - Banka.

6.

Sanjeev Kapri Son Of Birendra Kapri Resident Of Village - Mara Tikar, P.S. Panjwara, District - Banka.

7.

Fulo Devi Wife Of Birendra Kapri Resident Of Village - Mara Tikar, P.S. Panjwara, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 504, 506 of the Indian Penal Code and later on charge sheet has been

Patna High Court CR. MISC. No.45985 of 2022(2) dt.13-12-2022 2/3 submitted under Sections 147, 148, 149, 323, 308, 504, 506 of the Indian Penal Code.

The prosecution case as per F.I.R is that petitioners assaulted the informant and her husband and son with lathi and danda, causing bleeding injury on their heads. It is further alleged that while one Suraj Kapri intervened in rescue, he too was assaulted. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in the present case. It is also submitted that there is general and omnibus allegation against the petitioners and nothing specific has been attributed against them. It is further submitted that both parties are agnates and in the background of some land dispute, the present F.I.R has been registered. There is counter version of the occurrence also and petitioners' side also received injuries. There is no accusation of repeating the blow. A statement has been made in para 3 of the petition that petitioners haveno criminal

Patna High Court CR. MISC. No.45985 of 2022(2) dt.13-12-2022 3/3 antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Pajwara P.S. Case No. 34 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T