Brahmadeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48296 of 2019 Arising Out of PS. Case No.-64 Year-2018 Thana- DHANKUND District- Banka ====================================================== 1.

Brahmadeo Singh, Son of Late Ganeshi Singh Resident of Village - Parsa, P.S.- Dhankund, Distt - Banka.

2.

Ajhola Devi Wife of Brahmadeo Singh Resident of Village - Parsa, P.S.- Dhankund, Distt - Banka.

3.

Parvati Devi Wife of Shankar Singh Resident of Village - Parsa, P.S.- Dhankund, Distt - Banka.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Dhankund P.S. Case No.64 of 2018 for the offence punishable under Sections 341, 323, 307, 354, 504, 506/34 of the Indian Penal Code. The allegation against the petitioners is that while informant was working in the field, the petitioners came their and prevented the informant from working in the field and abused him also. It has further been alleged that the petitioners assaulted the informant with lathi, danda and Hasua.

Learned counsel appearing for the petitioners submits that petitioners are innocent and both the parties belong to the same village and there is land dispute between them. Learned counsel

Patna High Court CR. MISC. No.48296 of 2019(3) dt.06-08-2019 2/2 further submits that no serious injuries has been caused to the side of the prosecution inasmuch two persons have allegedly got injured and from perusal of the Annexure-2 which is injury report, it would be evident that injury is simple in nature caused by hard and blunt substance.

After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties belong to the same village and there was land dispute between them and the injury caused to the victim is simple in nature, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T