Pramod Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61071 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- DHAKA District- East Champaran ====================================================== 1.
PRAMOD SINGH, S/O- Ramabahadur Singh 2.
Pappu Singh S/O- Ramabahadur Singh Both are R/O Village- Jhauaram, P.S.- Dhaka, Dist.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-09-2019 The petitioners apprehend their arrest in connection with Dhaka P. S. Case No. 130 of 2019 registered under Sections 307, 323,324,325,341,354B,379,504 and 506/34 of the Indian Penal Code.
Allegation against the petitioners in the FIR lodged by the wife of younger brother of the petitioners, is that while she was on roof of her house along with her family members, cosharers of the informant along with others started abusing her and upon objection, she was assaulted by the petitioners and others by means of iron rod, farsa and lathi. Learned counsel appearing on behalf of the petitioners submits that both parties are close relatives and the informant is the wife of younger brother of the petitioners. Learned counsel
Patna High Court CR. MISC. No.61071 of 2019(2) dt.26-09-2019 2/3 submits that both parties reside in the same house and there was scuffle between them and there is case and counter case in between the parties inasmuch as father-in-law of the informant has lodged FIR bearing Dhaka P.S. Case No. 129 of 2019 against his son and daughter-in-law i.e., informant stating there in that they assaulted the informant and other family members and the petitioners. Learned counsel further submits that both sides received injuries which were found simple in nature, however, injury caused to the informant on her wrist was found to be grievous due to fracture on wrist.
Having regard to the submissions made by the parties and taking into consideration the fact that both parties are close relatives and are brothers and there is case and counter case in between the parties and both sides received injuries, as such I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned SDJM, Sikrahana at Dhaka, East Champaran in connection with Dhaka P.S.Case No. 130 of 2019; subject to condition as laid
Patna High Court CR. MISC. No.61071 of 2019(2) dt.26-09-2019 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T