Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57428 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- TARARI District- Bhojpur ====================================================== 1.

PREM KUMAR Son of Dhami Sah 2.

Kundan Kumar @ Kundan Gupta Son of Dhami Sah Both are resident of Village- Barka Gaon, P.S.- Tarari, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr. B.N.Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2019 Heard both sides.

The petitioners apprehend their arrest in Tarari P.S. Case No.73 of 2019 registered under Sections 341, 323, 308, 379, 504, 506 and 34 of the Indian Penal Code. The informant named the petitioners and others and alleged that they all entered into her house and assaulted the informant with bricks on her head and they also took away different articles.

The learned counsel for the petitioners submits that petitioners are next door neighbour. Kundan Gupta is alleged to have assaulted the informant with lathi but injury is simple in nature. No allegation is made against Prem Kumar(petitioner No.1). Choti Kumari and Fula Devi have already been enlarged

Patna High Court CR. MISC. No.57428 of 2019(2) dt.18-09-2019 2/2 on bail. The case of the petitioner is almost on the same footing. Taking into consideration the facts aforesaid and the nature of allegation made against the petitioners and the fact that petitioners have no criminal antecedent, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Sushant Kumar, learned 1st Additional Chief Judicial Magistrate, Bhojpur, Ara in connection with Tarari P.S. Case No.73 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T