Manoj Kumar Madhukar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45114 of 2015 Arising Out of PS.Case No. -38 Year- 2015 Thana -BISHWAMBHARPUR District- GOPALGANJ ====================================================== Manoj Kumar Madhukar S/o Late Dinanath Prasad, Resident of VillageSiswa, P.S.- Bishambharpur, Dist- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. A.K.Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 15-10-2015 Heard learned counsels for the petitioner, State and the informant.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 447, 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. The prosecution case is that while the informant was planting vegetables plants the petitioner came, started abusing and on protest being made he assaulted the informant. Thereafter, the mother of the informant came then she was also assaulted with lathi. It is specifically alleged against the petitioner that he caused injury with knife to the informant. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.45114 of 2015 (2) dt.15-10-2015 2/2 petitioner that the petitioner is nephew of the informant and in the background of land dispute the accusation has been levelled. The injury of the informant has been found superficial simple in nature. There is a counter version of the occurrence and petitioner has also received injury. Though, the petitioner is accused in one other case lodged by the informant, but he is on bail in the said case.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gopalganj in connection with Bishambharpur P.S. Case No. 38 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T