Bablu Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57071 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- DHAMDAHA District- Purnia ====================================================== 1.

Bablu Hansda, Son of Late Sunder Hansda Resident of Village - Fultola, P.S.- Dhamdaha, District - Purnea.

2.

Sanjay Hansda, Son of Late Sunder Hansda Resident of Village - Fultola, P.S.- Dhamdaha, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Dhamdaha P.S. Case No.146 of 2019, (G.R. No.1574 of 2019) for the offence punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

The allegation against the petitioners is that petitioner No.1 assaulted the informant by means of knife on his neck and there is no specific allegation of assault upon petitioner No.2 Learned counsel appearing for the petitioners submits that petitioners have falsely been implicated in this case inasmuch as there is a case and counter case for the same incidence and a case bearing Dhamdaha P.S. Case No.147 of 2019 has been lodged by wife of the petitioner No.1 alleging therein that the informant and

Patna High Court CR. MISC. No.57071 of 2019(2) dt.09-09-2019 2/2 others had entered into the house of petitioner No.1 and tried to outrage the modesty of her wife. Learned counsel further submits that from perusal of injury report of the informant, at Annexure-3, it would be evident that injury has been caused by hard and blunt substance and has been found to be simple in nature. After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that there is case and counter case between the parties and the injury caused has been found to be simple in nature by hard and blunt substance whereas the allegation is of assault by means of sharp cutting weapon, as such, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

sanjeev/- (Anil Kumar Sinha, J) U T