Raj Narayan Thakur @ Pradeep Kumar Thakur And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.2159 of 2015 (2) dt.19-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2159 of 2015 Arising Out of PS.Case No. -460 Year- 2013 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ======================================================

1. Raj Narayan Thakur @ Pradeep Kumar Thakur

2. Surya Narayan Thakur, Both sons of Ram Chandra Thakur

3. Usha Devi Wife of Raj Narayan Thakur @ Pradeep Kumar Thakur

4. Sudama Devi Wife of Surya Narayan Thakur.

All are Resident of vill-Shaharu,P.S-Hathauri,Distt.-Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ram Kali Devi Wife of Surendra Thakur Resident of vill-Shaharu,P.SHathauri,Distt.-Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar Thakur For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Complaint Case No. 460 of 2013 in which cognizance has been taken for the offences punishable under Sections 323, 325, 384 of the Indian Penal Code and Section 3⁄4 of Daain Act. Admittedly, there is case and counter case between the parties and complainant as well as petitioners are agnates. The Solemn Affirmation of the complainant was recorded after two months of the alleged occurrence but it is surprising enough that

Patna High Court Cr.Misc. No.2159 of 2015 (2) dt.19-01-2015 after two months of the alleged occurrence she wore plaster on her leg.

Moreover, considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, 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 Judicial Magistrate 1st Class, Rosera, Samastipur/concerned court in Complaint Case No. 460 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T