Janaki Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6464 of 2021 Arising Out of PS. Case No.-134 Year-2020 Thana- CHAKAI District- Jamui ====================================================== 1.
JANAKI THAKUR SON OF LATE KISHUN THAKUR RESIDENT OF VILLAGE-DULAIYA, P.S.-CHAKAI, DISTRICT-JAMUI. 2.
SHANKAR THAKUR S/O JANAKI THAKUR RESIDENT OF VILLAGEDULAIYA, P.S.-CHAKAI, DISTRICT-JAMUI. 3.
DASHRATH THAKUR S/O JANAKI THAKUR RESIDENT OF VILLAGE-DULAIYA, P.S.-CHAKAI, DISTRICT-JAMUI. 4.
BABLU THAKUR S/O JANAKI THAKUR RESIDENT OF VILLAGEDULAIYA, P.S.-CHAKAI, DISTRICT-JAMUI. 5.
BHITHAL THAKUR S/O LATE KISHUN THAKUR RESIDENT OF VILLAGE-DULAIYA, P.S.-CHAKAI, DISTRICT-JAMUI. 6.
MANOJ THAKUR S/O BHITHAL THAKUR RESIDENT OF VILLAGEDULAIYA, P.S.-CHAKAI, DISTRICT-JAMUI. 7.
DILIP THAKUR S/O BHITHAL THAKUR RESIDENT OF VILLAGEDULAIYA, P.S.-CHAKAI, DISTRICT-JAMUI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2021 Heard learned counsel for the petitioners and the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
The petitioners are apprehending their arrest in Chakai P.S. Case No. 134 of 2020 registered under Sections 147, 148,
Patna High Court CR. MISC. No.6464 of 2021(2) dt.24-08-2021 2/3 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code. Allegedly, the accused persons were harvesting the crop of MUNG from the land of informant. On protest, the accused persons having armed came and started abusing. It is further alleged that the accused persons assaulted the informant and his uncle, as a result of which, both of them sustained injuries. While one Suresh Thakur came to intervene and rescue, he was also assaulted. Gold chain is also alleged to have been snatched away from the aunt of the informant.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. Both parties are agnates. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or
Patna High Court CR. MISC. No.6464 of 2021(2) dt.24-08-2021 3/3 surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-III, Jamui in connection with Chakai P.S. Case No. 134 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T