Dharmendra Das And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41244 of 2015 Arising Out of PS.Case No. -71 Year- 2015 Thana -KAKO District- JEHANABAD ======================================================

1. Dharmendra Das, son of Ram Lagan Das.

2. Gajendra Das.

3. Bijendra Das.

4. Suresh Das, All sons of Dularchand Das.

5. Chitranjan Das, son of Surendra Das.

6. Dashrath Das, son of Ram Janam Das.

All resident of Village- Damuha, P.S.- Kako, District- Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Md . Ansural Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-10-2015 Heard learned counsels for the petitioners, State and the informant.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that the accused persons entered into the house of the informant, made assault to the wife of the informant and snatched jewellery of the informant's wife and daughter. The accused persons also

Patna High Court Cr.Misc. No.41244 of 2015 (2) dt.07-10-2015 2/2 resorted to fire but no injury was caused to anyone. It is submitted by learned counsel for the petitioners that the petitioners' side lodged case at earlier point of time against the informant side and hence, as a retaliatory measure the present case has been lodged. The injury has been found to be simple and there is counter version of the occurrence and petitioners' side have also received injuries. Petitioner nos. 1, 4 and 5 are accused in one other case lodged by informant side under minor provisions of the Penal Code. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Kako (Jehanabad) P.S. Case No. 71 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T