Dablu Turi @ Dablu Kumar Turi And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4053 of 2016 Arising Out of PS.Case No. -191 Year- 2015 Thana -LAXMIPUR District- JAMUI ======================================================
1. Dablu Turi @ Dablu Kumar Turi Son of Late Feku Turi
2. Dinesh Turi Son of Santan @ Girdhari Turi, .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2016 Learned counsel for the petitioner is permitted to make necessary correction in the petition.
Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 323, 325, 307, 379 and 506 of the Indian Penal Code. Prosecution case is that on 20.10.2015 at 8.30 p.m. when the informant was going to purchase house-hold articles from the grocery shop of petitioner no.2 Dinesh Turi and as soon
Patna High Court Cr.Misc. No.4053 of 2016 (2) dt.28-01-2016 2/3 as he reached near the house of Dinesh Turi all the accused persons variously armed surrounded and abused the informant. On protest being made they assaulted the informant. It is specifically alleged that petitioner no.2 Dinesh Turi assaulted on the head of the informant by means of iron 'khanti' when the informant fell down then petitioner no. 1 Dablu Kumar assaulted on his head by means of iron rod. It is alleged against co-accused Brahamdeo Turi that he snatched gold locket.
It is submitted by learned counsel for the petitioner that accusation of assault has been levelled against six accused persons of indiscriminately assaulting the informant but the informant has only received two lacerated injuries simple in nature. There is counter version of the occurrence and for the occurrence of 02.10.2015, the FIR was registered on 05.10.2015 through a written report dated 05.10.2015.
Considering the accusation not being corroborated with the medical opinion and delayed lodging of the case coupled with the statement made in para 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each
Patna High Court Cr.Misc. No.4053 of 2016 (2) dt.28-01-2016 3/3 with two sureties of the like amount each to the satisfaction of the learned SDJM, Jamui in connection with Laxmipur (Gidhor) P.S. Case No.191/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T