Shyam Kapri And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51922 of 2018 Arising Out of PS. Case No.-15 Year-2018 Thana- BANDHUWA KURAWA District- Banka ======================================================

1. Shyam Kapri, Son of Late Tepru Kapri

2. Karu Kapri

3. Praphula Kapri,

4. Santosh Kapri, All Sons of Shyam Kapri, All resident of Chilkara, P.S.- Bandhua, Kurawa, District- Banka.

5. Fultan Kumar @ Fultan Bagrouna, Son of Late Jhumari Bagrouna, resident of Bargauna, P.S. Paraiya Hat, DistrictGodda.

6. Brahmdeo Raout @ Dipnarayan Raut, Son of Udeshwar Raut, resident of Village- Bahoria, P.S. + Dist.- Godda (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shree Niwas Singh For the Opposite Party/s :

Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 448, 341, 323, 307/34 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was sitting at his house, the accused persons including the petitioners came and assaulted him. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.51922 of 2018(2) dt.05-10-2018 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. The alleged occurrernce is said to have been taken place due to petty reason. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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 learned learned Chief Judicial Magistrate, Banka in connection with Bandhuwa Kurawa P.S. Case No. 15/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.