Asani Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51695 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- CHAORI District- Bhojpur ====================================================== 1.

ASANI THAKUR Son of Late Dinbandhu Thakur Resident of Village - Kaulodihari, P.S.- Chouri, District - Bhojpur. 2.

Mani Lal Son of Late Gaya Lal Resident of Village - Kaulodihari, P.S.- Chouri, District - Bhojpur.

3.

Lalu @ Lalu Kumar Son of Binod Thakur Resident of Village - Kaulodihari, P.S.- Chouri, District - Bhojpur.

4.

Uma Devi Wife of Binod Thakur Resident of Village - Kaulodihari, P.S.- Chouri, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Upadhyay For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-08-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Chauri Police Station Case No. 96 of 2019, disclosing offences under Sections 341/323/307/447/354/34 of the Indian Penal Code.

The allegation against the petitioners, as per the First Information Report, is that the informant was sitting in her house with her two sisters when the petitioners arrived there for construction of latrine and when the informant protested, they

Patna High Court CR. MISC. No.51695 of 2019(2) dt.20-08-2019 2/3 started abusing the informant and assaulted the informant and her two sisters with lathi and danda.

Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to land dispute. He further submits that both the parties are related. He, relying on Annexure-2 series, submits that from perusal of the injury reports, it would be evident that the injuries caused to the informant and her sisters are simple in nature. After having heard learned Counsel for the parties and taking into consideration the fact that both the parties are related and there is land dispute between the parties and the injuries sustained by the informant and her sisters are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 learned Judicial Magistrate, 1st Class, Bhojpur, at Ara, in connection with Chauri Police Station Case No. 96 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.51695 of 2019(2) dt.20-08-2019 3/3 This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √