Meghnath Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34300 of 2016 Arising Out of PS.Case No. -117 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Meghnath Thakur Son of Late Sahdeo Thakur.

2. Amardeep Thakur son of Meghnath Thakur. Both are resident of village- Panapur Dilawarpur Gobardhan, P.S. Bidupur, DistrictVaishali at Hajipur. .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Om Prakash Om For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Bidupur P.S. Case No. 117 of 2016 for the offences instituted under Sections 341, 323, 324, 307 and 427 of the Indian Penal Code.

It is allege that the petitioners along with 4-5 unknown persons came and started demolishing the wall of the house of the informant, which was protested on which the petitioners cut the head of the informant's father and mother by means of sword, on which informant's mother fell down. Thereafter the petitioner Meghnath Thakur took one golden chain from the neck of the mother of the informant.

Patna High Court Cr.Misc. No.34300 of 2016 (3) dt.09-12-2016 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. As per the allegation, sword has been used by the petitioners in course of occurrence for the purpose of assault but the injury report indicates that the injury has been caused by hard and blunt substance. The allegations made in the F.I.R. have not been supported by the injury report.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Bidupur P.S. Case No. 117 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T