Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45551 of 2019 Arising Out of PS. Case No.-141 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

KUNAL KUMAR Son of Ram Bali Rai Resident of Village-Batraul, P.S.- Motipur, District-Muzaffarpur.

2.

Asha Devi Wife of Ram Bali Rai Resident of Village-Batraul, P.S.-Motipur, District-Muzaffarpur.

3.

Kallu Kumar Son of Ram Ekbal Rai Resident of Village-Batraul, P.S.- Motipur, District-Muzaffarpur.

4.

Amarnath Kumar Son of Ram Ekbal Rai Resident of Village-Batraul, P.S.- Motipur, District-Muzaffarpur.

5.

Sitendra Rai @ Satyendra Rai Son of Ram Ekbal Rai Resident of VillageBatraul, P.S.-Motipur, District-Muzaffarpur. 6.

Kaushalya Devi Wife of Mishri Lal Rai Resident of Village-Batraul, P.S.- Motipur, District-Muzaffarpur.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Motipur P.S. Case No. 141 of 2019 for the offence punishable under Sections 341, 323, 504, 384, 307, 120(B) and 353/34 of the Indian Penal Code.

It transpires from the First Information Report that the police party had received an information about some quarrel between the family of the petitioners and that of one Umesh Rai, in which said Umesh Rai had received injuries. When the police

Patna High Court CR. MISC. No.45551 of 2019(3) dt.01-10-2019 2/3 reached at the place of occurrence, allegedly, the persons, named in the First Information Report, used abusive language against the police party, threatened them and poured petrol and red chilli powder over them.

Learned counsel appearing on behalf of the petitioners has submitted that some of the persons, named in the First Information Report, were taken into custody, who have been allowed regular bail. He has further submitted that said Umesh Rai is said to have sustained simple injuries. It has also been argued that there is no specific allegation against these petitioners.

Considering the facts and circumstances, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., West, Muzaffarpur, in Motipur P.S. Case No. 141 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners

Patna High Court CR. MISC. No.45551 of 2019(3) dt.01-10-2019 3/3 shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T