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Patna High CourtCR. MISC./38144/2016bail granted

Satish Kumar v. The State Of Bihar

2016-09-14Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38144 of 2016 Arising Out of PS.Case No. -95 Year- 2016 Thana -RUPASPUR District- PATNA ====================================================== Satish Kumar Son of Sri Bindeshwar Singh, resident of Mohalla- Chulhai Chak, Mahabir Tola, P.S. Rupaspur, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shambhu Sharan Singh For the Opposite Party/s : Mr. Rajkishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

14-09-2016 Heard Sri Shambhu Sharan Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is own brother of the informant, apprehending his arrest in Rupaspur P.S. Case No. 95 of 2016 registered for the offence under Sections 341, 323, 324, 307, 379, 34 of the Indian Penal Code, has prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioner that in family dispute, such allegation has been levelled by the own brother of the petitioner, who is informant in the present case. He further submits that mother of petitioner and informant has also filed a complaint against informant of the present case. He further submits that injuries were found simple in nature.

Patna High Court Cr.Misc. No.38144 of 2016 (2) dt.14-09-2016 2/2 Regarding Section 379 of the Indian Penal Code, he submits that this allegation is only exaggeration.

After hearing learned counsel for the parties and considering the nature of accusation as well as the fact that petitioner and informant are full brother, there is no reason to deny the prayer for anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Satish Kumar 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 learned Additional Chief Judicial Magistrate, Danapur in connection with Rupaspur P.S. Case No. 95 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T