Lalan Tiwari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51708 of 2018 Arising Out of PS.Case No. -94 Year- 2018 Thana -DAUDNAGAR District- AURANGABAD ======================================================
1. Lalan Tiwari, S/o Late Khiali Tiwari,
2. Mithilesh Tiwari @ Mithlesh Tiwari S/o Lalan Tiwari,
3. Chantara Devi, W/o Lalan Tiwari, All R/o Vill.- Tiwari Mohalla, Bhakharua More, P.S.- Daudnagar, District- Aurangabad. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Rajendra Singh, Advocate. For the Opposite Party : Mr. Yogendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 342, 324 and 307/34 of the IPC.
The prosecution story, in brief, is that on 19.03.2018 at 11.30 P.M. while Tejaswi Tiwary, son of the informant Ramanand Tiwary was returning from Temple after taking part in Bhajan-Kirtan, accused persons held him and having cut his neck, dumped him in a box and closed the room. On hulla, the informant went there and took out his son for treatment who is still undergoing treatment at P.M.C.H., Patna in extremely precarious
Patna High Court Cr.Misc. No.51708 of 2018 (2) dt.28-09-2018 2/2 condition. The genesis of occurrence is simple quarrel taken pace at the occasion of Holi Festival.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The alleged occurrence is said to have taken place on the eve of Holi. None is said to have been injured in course of occurrence. The matter has already been compromised between the parties vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar (Aurangabad), in connection with Daudnagar P.S. Case N. 94/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T