Kuleshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66270 of 2018 Arising Out of PS. Case No.-85 Year-2018 Thana- SIRDALA District- Nawada ====================================================== Kuleshwar Prasad, S/o Late Chamari Prasad, reisdent of Village Amjhari, P.S.- Sirdalla, Dist.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sinha For the Opposite Party/s :
Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 341, 323, 504, 506, 307 and 385 of the IPC.
The prosecution story, in brief, is that on 09.03.2018 at 5.00 P.M. the informant was sitting in his house. At that time, his cousin brothers Kuleshwar Prasad, Arjun Prasad and Mosafir Prasad came there and told why he is not giving passage to exist and entry then he told he would not give land of his share for the way and for the said matter all have started abusing him and Md. Mesat brought Khanti from his house and started assaulting his wife Anita Devi and when his daughter Sangam Kumari went to save his wife, his daughter was assaulted by Muneshwar
Patna High Court Cr.Misc. No.66270 of 2018(2) dt.17-12-2018 2/3 Prasad with Iron rod due to which, she sustained serious injury upon which Randhir Kumar came there and threatened to kill all of them and on hulla his brother Upendra Prasad came then all have abused him and assaulted him with fat and kick. It is also alleged that they were forcibly cultivating Fifteen Kathas of land of his share.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is case and counter case between the parties. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner 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) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V,
Patna High Court Cr.Misc. No.66270 of 2018(2) dt.17-12-2018 3/3 Nawada, in connection with Sirdalla P.S. Case No. 85 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T