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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46669 of 2014 Arising Out of PS.Case No. -177 Year- 2014 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Vijay Kumar Thakur @ Vijay Thakur.

2. Ajay Thakur.

Both Sons of Bishwanath Thakur.

3. Vikash Thakur, Son of Manoj Thakur.

4. Rupesh Thakur, Son of Vijay Thakur @ Vijay Kumar Thakur. All R/o village- Mahammadpur, P.S.- Bajpatti, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Dashrtah Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 14-05-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bajpatti P.S. Case No.177 of 2014 registered under Sections 448, 341, 323, 354, 504, 506 and 379/34 of the Indian Penal Code. The accusation is that the petitioners, Vikash Thakur and Rupesh Kumar, reached at the door of the informant, Ajmeri Khatoon, and made query about her father. When the informant came out of the house, they pulled down her Dupatta by catching her hands. When the informant raised alarm, they gagged her mouth and assaulted her with fists and slaps causing injury on her

Patna High Court Cr.Misc. No.46669 of 2014 (3) dt.14-05-2015 2/3 head, back, stomach, chest and hand. At that time, Laila Khatoon and Hajrat Khatoon, respectively mother and sister of the informant reached there and they were assaulted by the petitioners, Vijay Thakur and Ajay Thakur by fists and slaps causing injury on different parts of their body and the pregnancy of three months of the sister of the informant may be aborted on account of that assault. At that time, the petitioners also snatched the gold ornaments of the mother of the informant. On account of assault she became unconscious and was taken to the Sadar Hospital and on regaining consciousness, she gave her fardbeyan. Learned counsel appearing on behalf of the petitioners submits that the petitioner nos.1 and 2 are full brothers and petitioner no.

3 is the nephew of the petitioner nos.1 and 2 whereas petitioner no.4 is the son of petitioner no.1 and they have falsely been implicated in this case with an ulterior motive. In fact, shebuffalo of the father of the informant was grazing crops in the filed of the petitioners and on the protest being made by the petitioner, there were hot exchange of words from both sides regarding which the petitioner no.1 lodged the Complaint Case No.

Patna High Court Cr.Misc. No.46669 of 2014 (3) dt.14-05-2015 3/3 case against the petitioners with false and concocted story. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within four weeks, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Sitamarhi, in connection with Bajpatti P.S. Case No.177 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T