Shambhu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48358 of 2019 Arising Out of PS. Case No.-285 Year-2019 Thana- RAJIVNAGAR District- Patna ====================================================== 1.

Shambhu Prasad, Son of Late Raghuwar Dayal, Resident of Rajeev Nagar Road No.-22. besides Veena Vidya Niketan, P.S. and P.O. -Rajeev Nagar, District- Patna 2.

Rina Devi, Wife of Deepak Kumar, Resident of Rajeev Nagar Road No.-22. besides Veena Vidya Niketan, P.S. and P.O. -Rajeev Nagar, District- Patna 3.

Deepak Kumar @ Dipak Kumar, Son of Shambhu Prasad, Resident of Rajeev Nagar Road No.-22. besides Veena Vidya Niketan, P.S. and P.O. -Rajeev Nagar, District- Patna ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Anand, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 This is an application for grant of anticipatory bail in connection with Rajeev Nagar P.S. Case No. 285 of 2019, disclosing offences under Sections 341, 323, 308 & 34 of IPC. Prosecution case per written report is that petitioners who were the villagers of the informant have assaulted her, due to which, she received injury and was under treatment. Submission of the learned counsel for the petitioners is that there is dispute between the parties with respect to the partition of the property and earlier also she has lodged a case against the petitioners. Furthermore, the injuries are not serious in nature, as she has mentioned in the F.I.R. that she was under

Patna High Court CR. MISC. No.48358 of 2019(2) dt.05-08-2019 2/2 treatment for few days and has not mentioned about the injuries and even the impugned order shows that the injury is on the skull but the nature of injuries has not been mentioned. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail of the petitioners.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of Sri Sunil Kumar-III, A.C.J.M.-3rd, Patna Sadar/concerned court, in connection with Rajeev Nagar P.S. Case No. 285 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T