Mithilesh Kumar @ Mithalesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57082 of 2019 Arising Out of PS. Case No.-162 Year-2019 Thana- PARWALPUR District- Nalanda ====================================================== 1.

Mithilesh Kumar @ Mithalesh Kumar Son of Damodar Prasad 2.

Pintu Kumar Son of Damodar Prasad 3.

Rohani Devi Wife of Damodar Prasad All are residents of Village - Vijaypura, P.S.- Parwalpur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Parwalpur P.S. Case No. 162 of 2019, registered under Sections 341/323/308/379/504/506/34 of the Indian Penal Code.

The allegation against the petitioners, as per FIR, is that petitioners along with others assaulted the informant by means of lathi.

Learned counsel for the petitioners submits that petitioners are family member of the informant, inasmuch as the petitioner no.1 and 2 are Dewar of the informant and petitioner

Patna High Court CR. MISC. No.57082 of 2019(2) dt.09-09-2019 2/2 no.3 is mother-in-law of the informant. He further submits that there was a dispute between the parties pertaining to tying cow in the house.

Learned counsel for the petitioner relying upon annexure-3 submits that injury caused to the informant is simple in nature.

After having heard learned counsel for the parties and taking into consideration the fact that both the parties are relatives and injury caused to the informant is simple in nature, I am inclined to grant anticipatory bail to the petitioners. This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Parwalpur P.S. Case No. 162 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Katyayan/- U T