Jitendra Prasad Gupta @ Jitendra Gupta And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.6364 of 2016 (2) dt.10-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6364 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -KAMTAUL District- DARBHANGA ======================================================
1. Jitendra Prasad Gupta @ Jitender Gupta S/o Binod Gupta
2. Mintu Prasad Gupta @ Mintu Gupta S/o Binod Gupta
3. Dilip Gupta @ Dilip Kumar Gupta S/o Basudeo Gupta
4. Sukhdeo Gupta S/o Ram Autar Gupta
5. Rakesh Kumar @ Rakesh Gupta S/o Sukhdeo Gupta All are residents of Village + P.S. - Gamtaul, District - Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Indu Bala Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.
The prosecution case, in short, is that with regard to throwing water on the road by the informant, petitioner No.1, Jitendra Prasad Gupta assaulted the informant on her head with bamboo stick. When the son and daughter of the informant came to rescue her, then petitioner No.3, Dilip Gupta, assaulted Amar Gupta, the son of the informant with bamboo stick, whereas petitioner No.4, Sukhdeo Gupta assaulted Kanchan Kumari on her
Patna High Court Cr.Misc. No.6364 of 2016 (2) dt.10-02-2016 head by danda and fists and slaps.
It is submitted by learned counsel for the petitioners that the injuries are superficial and simple in nature. There is a counter version of the occurrence. The petitioners are agnates and petty accusation has been levelled against them. A statement has been made that the petitioners have got no criminal antecedent. Considering the aforesaid facts and circumstances, 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 twelve weeks from today, on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri R.K. Dwivedi, Additional Chief Judicial Magistrate, Darbhanga, in connection with Kamtaul P.S. Case No.74 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Dinesh Kumar Singh, J) V.P.Sinha/- U