Suman Thakur @ Suman Kumar Thakur And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24710 of 2015 Arising Out of PS.Case No. -306 Year- 2014 Thana -NANHPUR District- SITAMARHI ======================================================

1. Suman Thakur @ Suman Kumar Thakur S/o Hari Shankar Thakur

2. Shrawan Kumar @ Shrawan Kumar Thakur S/o Hari Shankar Thakur

3. Mandila Devi W/o Hari Shankar Thakur All Resident of Village Kharka, Police Station Nanpur, District Sitamarhi.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Nagendra Pd. Yadav, Advocate.

For the Opposite Party : Mr. Upendra Kumar(App) For the Informant : Mr. Pushpendra Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-10-2015 Heard both sides.

The petitioners apprehend their arrest in registered for the offences punishable under Sections 307 and other Sections of the Indian Penal Code.

The informant made allegations that the petitioners and others forcibly took her inside the house and indiscriminately assaulted him.

It is submitted that the occurrence took place due to flow of drainage of water. But, on the other hand learned counsel for the informant submitted that the informant got as many as seven injuries.

It appears from the injury report of the informant that

Patna High Court Cr.Misc. No.24710 of 2015 (4) dt.30-10-2015 2/2 the informant got as many as seven incised wounds. Injuries Nos. 1, 2 and 3 are caused by sharp cutting weapon and other injuries are caused by hard and blunt substance.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner no. 1 and 2 namely Suman Thakur @ Suman Kumar Thakur and Shrawan Thakur @ Shrawan Kumar Thakur on anticipatory bail. Accordingly, the same is rejected. So far as the case of petitioner no. 3 Mandila Devi is concerned, she is a lady and no specific allegation of assault is made against her, she, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in Nanpur P.S. Case No. 306 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T