Akash Bansfor And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55355 of 2015 Arising Out of PS.Case No. -425 Year- 2015 Thana -KATIHAR District- KATIHAR ======================================================
1. Akash Bansfor S/o Satya Nr. Bansfor
2. Gabbu Bansfor S/o Late Ram Nath Bansfor
3. Satya Nr. Bansfor S/o Late Rudal Bansfor
4. Bhanta Bansfor S/o Late Rudal Bansfor All resident of Mohalla- Railway New Colony P.S.- Katihar, District- Katihar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prem Sheela Pandey For the Opposite Party/s : Mr. Md. A.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14-12-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.
The prosecution case is that some altercation took place in between the female inmates of the informant side and neighbour petitioner Satyanarayan Bansfor on 05.07.2015. On 07.07.2015 the police came to make enquiry, thereafter the petitioners made assault to the informant. It is
Patna High Court Cr.Misc. No.55355 of 2015 (2) dt.14-12-2015 2/3 specifically alleged that petitioner Satyanarayan Bansfor made assault with knife causing injury on the chest and when the mother and the wife of the informant came to rescue they were also assaulted.
It is submitted by learned counsel for the petitioners that two lacerated injuries of marginal size have been found simple in nature whereas the informant has retracted from the initial version and filed a petition to that effect before the learned court below. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the specific accusation of assault against petitioner no. 3 Satya Nr. Bansfor, let the learned court below consider the prayer for regular bail of petitioner no. 3, if he surrenders before the learned court below within a period of six weeks from today keeping in view of the retracted version of the informant.
So far as petitioner nos. 1, 2 and 4 are concerned, since accusation of assault is omnibus and general, let the above named petitioner no. 1, 2 and 4 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)
Patna High Court Cr.Misc. No.55355 of 2015 (2) dt.14-12-2015 3/3 each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 425 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