Krishna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45979 of 2019 Arising Out of PS. Case No.-366 Year-2016 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

KRISHNA RAI S/O Late Yodha Rai Resident of Village- Godiya Fulwar P.S.- Lakhaura, Distt- East Champaran.

2.

Dhrup Rai @ Dhruv Rai S/O Krishna Rai Resident of Village- Godiya Fulwar P.S.- Lakhaura, Distt- East Champaran. 3.

Maya Devi W/O Krishna Rai Resident of Village- Godiya Fulwar P.S.- Lakhaura, Distt- East Champaran.

4.

Urmila Devi W/O Dhrup Rai Resident of Village- Godiya Fulwar P.S.- Lakhaura, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Pandey For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2019 This application, for grant of anticipatory bail, arises out of Tr. No. 3217/2019 arising out of Ghorasahan (Lakhaura) P.S. Case No. 366/2016, disclosing offences under Sections 341, 323, 504, 448, 379, 324 and 307 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant and specific allegation against petitioner no. 2, who assaulted the informant by means of Garasa causing injury to him on his head.

Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.45979 of 2019(2) dt.25-07-2019 2/2 that there is case and counter case between the parties and although there is allegation of assault, however, injuries caused to the informant was found to be simple in nature, which will appear from annexure - 3.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana, Dhaka, East Champaran, in connection with Tr. No. 3217/2019 arising out of Ghorasahan (Lakhaura) P.S. Case No. 366/2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T