Dhananjai Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29953 of 2014 Arising Out of PS.Case No. -273 Year- 2013 Thana -BANKA District- BANKA ======================================================
1. Dhananjai Thakur
2. Binay Thakur Both are sons of Late Ganesh Thakur Resident of Village - Bhatkundi, P.S. - Banka, District - Banka .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2015 Heard the parties.
This is an application for anticipatory bail for the offence punishable under sections 147, 148, 341, 323, 324, 307, 379, 337 and 448 of the I.P.C.
Allegedly the petitioners and all F.I.R. named accused persons assaulted the informant and her husband wherein petitioner no.1 assaulted with iron-rod on the head of the informant and petitioner no.2 assaulted with garasa on the head of husband of the informant.
Submission is that no sharp cutting injury has been found and they have been falsely implicated. There is case and counter case. The informant side was aggressor and the petitioners
Patna High Court Cr.Misc. No.29953 of 2014 (2) dt.16-01-2015 2/2 have got no criminal antecedents. Other co-accused have been allowed pre-arrest bail by order dated 20.06.2014 passed in Cr. Misc. No. 9911 of 2014.
The learned A.P.P. opposes the prayer for pre-arrest bail by submitting that against the petitioners there is specific allegation of causing injury on the vital part of the body. Considering the submissions urged at the bar, going through the record and noticing that there is no allegation of repeating the blow and the injury is simple in nature and as such the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M. Banka in connection with Banka P.S. Case No. 273 of 2013, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T