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Patna High CourtCR. MISC./51178/2019allowed

Kanhai Kumar v. The State Of Bihar

2019-08-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51178 of 2019 Arising Out of PS. Case No.-328 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

KANHAI KUMAR Son of Chandra Shekhar Singh Resident of Village - Khakhra, P.S.- Kudhani (Turki O.P.), District - Muzaffarpur. 2.

Chandra Shekhar Singh Son of Late Nawal Singh Resident of Village - Khakhra, P.S.- Kudhani (Turki O.P.), District - Muzaffarpur. 3.

Rina Devi Wife of Sanjay Singh Resident of Village - Khakhra, P.S.- Kudhani (Turki O.P.), District - Muzaffarpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Singh Mr. Santosh Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kudhani (Turki O.P.) P.S. Case No. 328 of 2019 for the offence punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners appeared to be correct in his submission that main allegation of assault is against Mukesh Kumar and Awadhesh Kumar. He has submitted that the land dispute is the reason behind lodging of a false criminal case. He has also argued that the injuries have been found to be simple in nature. Considering the facts and circumstances, this

Patna High Court CR. MISC. No.51178 of 2019(2) dt.17-08-2019 2/2 application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, West, Muzaffarpur, in Kudhani (Turki O.P.) P.S. Case No. 328 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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. (Chakradhari Sharan Singh, J) Pawan/- U T