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Patna High CourtCR. MISC./70841/2021allowed

Kailash Thakur v. The State Of Bihar

2022-08-01Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70841 of 2021 Arising Out of PS. Case No.-139 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

KAILASH THAKUR Son of Anandi Thakur Resident of Village- Lashkari, Ward No.09, Police Station- Uda Kishunganj, District- Madhepura. 2.

DILKHUSH THAKUR @ DILKHUSH S/o Kailash Thakur Resident of Village- Lashkari, Ward No.09, Police Station- Uda Kishunganj, DistrictMadhepura. 3.

KARAN THAKUR S/o- Kailash Thakur Resident of Village- Lashkari, Ward No.09, Police Station- Uda Kishunganj, District- Madhepura. 4.

KUNAL THAKUR S/o Kailash Thakur Resident of Village- Lashkari, Ward No.09, Police Station- Uda Kishunganj, District- Madhepura. 5.

JITENDRA THAKUR Son of Bijendra Thakur Resident of VillageLashkari, Ward No.09, Police Station- Uda Kishunganj, DistrictMadhepura. 6.

RUBI DEVI W/o Kailash Thakur Resident of Village- Lashkari, Ward No.09, Police Station- Uda Kishunganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Uda- Kishunganj P.S. Case no. 139 of 2021 instituted for the offence under Sections 147, 149, 341, 323, 324, 307, 354(B), 504, 379 of the Indian Penal Code.

Patna High Court CR. MISC. No.70841 of 2021(3) dt.01-08-2022 2/3 Prosecution story relates to abuse and assault to the informant and her husband by the petitioners and other coaccused persons. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. Specific allegation of assault is against co-accused Bijendra Thakur, who had assault the husband of the informant by means of hammer on his head and he is not the petitioner here. General and omnibus allegations have been levelled against the petitioners. Both parties are agnates.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Uda- Kishunganj P.S. Case no. 139 of 2021, they will be enlarged 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 learned

Patna High Court CR. MISC. No.70841 of 2021(3) dt.01-08-2022 3/3 A.C.J.M. -1 Uda-Kishunganj, Madhepura subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U