Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60777 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- ROHTAS District- Rohtas ====================================================== 1.

Sushil Kumar aged about 24 years (Male), Son of Late Kamta Ram, Resident of Village - Ramdihara, P.S.- Amjhore, Distt - Rohtas. 2.

Sanjeet Kumar aged about 21 years (Male), Son of Shivmuni Ram, Resident of Village - Ramdihara, P.S.- Amjhore, Distt - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Rohtas (Amjhor) P.S. Case No. 124 of 2019 registered under sections 147, 149, 341, 323, 307, 354(B), 504 and 506 of the IPC.

The allegation against the petitioners is that while the informant along with his family members were standing near the door of his house, the petitioners along with other accused persons armed with lathi and danda arrived at the door of informant and accused persons started insulting and threatening the informant and when he objected they assaulted the son of

Patna High Court CR. MISC. No.60777 of 2019(2) dt.25-09-2019 2/3 the informant and got hold the hand of the daughter in law of the informant and started beating her with fits and slaps. It has further been alleged that the three sons of the informant got the injury.

Learned counsel appearing for the petitioner submits that both the parties are agnates and there is a case and counter case between them inasmuch as complaint case no. 192 of 2019 has been lodged by bhabhi of the petitioners. Learned counsel further submits that there is a land dispute between the parties and no serious injury has been caused to the side of the prosecution inasmuch as in the impugned order of learned Session Judge no such injuries has been brought on record. Having regard to the submission made by the parties and taking into consideration the fact that both the parties are agnates and there is a land dispute between them, I am inclined to grant anticipatory bail to both the petitioners. Accordingly, the petitioners, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today 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 the learned S.D.J.M Dehri, in

Patna High Court CR. MISC. No.60777 of 2019(2) dt.25-09-2019 3/3 connection with Rohtas (Amjor) P.S. Case No. 124 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U