Patna High CourtCR. MISC./3917/2015bail granted

Nathuni Singh And ANR v. The State Of Bihar

2015-01-30Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.3917 of 2015 (2) dt.30-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3917 of 2015 Arising Out of PS.Case No. -73 Year- 2014 Thana -KHAIRA District- JAMUI ======================================================

1. Nathuni Singh S/o Late Ishwari Singh

2. Pradip Singh S/o Nathuni Singh Both R/o Village Dinari, P.S. Khaira, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarvesh Kumar Singh For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Khaira P.S. Case No. 73 of 2014 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.

Though there is allegation of giving farsa and rod blow against these petitioners but submission on behalf of the petitioners is that twenty one days prior to institution of the present case, the informant of the present case and others badly assaulted the petitioners no. 1 and 2 for which petitioner no. 1 lodged Khaira P.S. Case No. 64 of 2014 and in the aforesaid

Patna High Court Cr.Misc. No.3917 of 2015 (2) dt.30-01-2015 occurrence petitioner no. 1 sustained fracture on his hand and similarly, petitioner no. 2 also sustained injury. It is further contended by him that in retaliation to the institution of Khaira P.S. Case No. 64 of 2014, the informant of the present case lodged the present case. It is further contended by him that the informant as well as other so-called injured of the present case sustained simple injury.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in Khaira P.S. Case No. 73 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T