Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58051 of 2019 Arising Out of PS. Case No.-198 Year-2019 Thana- KHAIRA District- Saran ====================================================== 1.

DHIRAJ KUMAR Son of Krishna Manjhi Resident of Village- Baldihan, P.S.- Khaira, District- Saran.

2.

Arjun Kumar Son of Krishna Manji Resident of Village- Baldihan, P.S.- Khaira, District- Saran.

3.

Umad Devi W/o Krishna Manjhi Resident of Village- Baldihan, P.S.- Khaira, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Mr.Anjani Parashar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-09-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Khaira Police Station Case No. 198 of 2019, disclosing offences under Sections 147/341/323/324/307/379/504 of the Indian Penal Code.

The allegation against the petitioners, as per the First Information Report, is that the petitioners, along with others, assaulted the informant and his two brothers by pelting stones upon them.

Learned Counsel appearing on behalf of the

Patna High Court CR. MISC. No.58051 of 2019(2) dt.13-09-2019 2/3 petitioners submits that there is no specific allegation of assault against the petitioners inasmuch as the allegation is upon the father of petitioner nos. 1 and 2 and husband of petitioner no. 3, namely, Krishna Manjhi, who is in judicial custody. He further submits that there is case and counter case inasmuch as Khaira Police Station Case No. 200 of 2019 has been lodged by the father of petitioner nos. 1 and 2 against the informant and others. He also submits that there is land dispute between the parties and both the parties are co-sharers.

After having heard learned Counsel for the parties and taking into consideration the fact that no specific allegation of assault by means of any weapon is there on the petitioners and the petitioner no. 2 is not named in the First Information Report, I am inclined to grant the petitioners privilege of anticipatory bail. Accordingly, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran, at Chapra, in connection with Khaira Police Station Case No. 198 of 2019, subject to the condition laid down under Section 438

Patna High Court CR. MISC. No.58051 of 2019(2) dt.13-09-2019 3/3

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √