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Patna High CourtCR. MISC./60637/2019disposed

Ravindra Dharhi @ Ravindra Kumar v. The State Of Bihar

2020-01-10Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60637 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- MEHUSH District- Sheikhpura ====================================================== 1.

RAVINDRA DHARHI @ RAVINDRA KUMAR Son of Krishna Dharhi 2.

Krishna Dharhi @ Krishna Ram Son of Late Bineshwar Dharhi 3.

Dev Dharhi Son of Sundar Dharhi 4.

Chunnu Dharhi Son of Dev Dharhi All Resident of Village - Nawadah, P.S.- Mehus, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the informant :

Mr. Pankaj Kumar, Adv.

For the State :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 504, 506 of the IPC.

Informant has alleged that while his son was climbing on the palm tree when FIR named accused surrounded and started abusing and assaulting him as a result of which he sustained head injury and was shifted to hospital for treatment. It is submitted on behalf of petitioners that they are innocent and have been falsely implicated in this case due to family dispute. Case diary was called for in which statement of witnesses have been recorded who have stated that assault was made by petitioner no.1 Rabindra Dharhi causing head injury to the son of the

Patna High Court CR. MISC. No.60637 of 2019(4) dt.10-01-2020 2/2 informant. As there is specific allegation against the petitioner no.1 of assaulting causing head injury on the son of the informant I am not inclined to enlarge the petitioner no.1 on anticipatory bail as such his bail application is dismissed.

However, since witnesses have not made any specific allegation of assault against petitioner no.2, 3 and 4 and only allegation against them is that they were present there and were abusing the injured. There is admitted family dispute. Incident is of 10.06.2019 whereas FIR was lodged on 13.06.2019. Petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of anticipatory bail as against petitioner no.2, 3 and 4 is allowed and in the event of their arrest or surrender before the court below within four weeks from today, petitioner no.2, 3 and 4 are directed to be released on bail on furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Mehus P.S. Case No.11 of 2019. (S. Kumar, J) Prakash Narayan /- U T