Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16844 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -KHAIRA District- JAMUI ====================================================== Brajesh Kumar, Son of Asarfi Rawat, Resident of village - Khaira, P.S. Khaira, District - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-04-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 448, 307, 380 and 504/34 of the Indian Penal Code. The prosecution case is that on 26.01.2016 at 8.00 P.M. the petitioner and Binod Kumar being the nephew of the informant forcibly cut mango and pomegranate trees from the joint land. On protest being made they assaulted the informant with bamboo stick and leg. It is alleged that both the accused along with sister-in-law entered into the house of the informant and took away household articles. It is also alleged that the petitioner assaulted with axe on the head and other parts of the wife of the informant.

Patna High Court Cr.Misc. No.16844 of 2016 (2) dt.20-04-2016 2/2 It is submitted by learned counsel for the petitioner that in the background of share dispute the accusation has been levelled. Though, it is alleged that the petitioner assaulted with axe to the wife of the informant but all the four injuries of the wife of the informant have been found superficial simple in nature caused by hard and blunt substance. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 12 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T