Manoj Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52667 of 2018 Arising Out of PS.Case No. -702 Year- 2017 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Manoj Kumar, Son of Dulare Ram,

2. Nandlal Ram,

3. Sanjay Kumar, Both Sons of Dulare Ram.

4. Bachan Prasad, Son of Naresh Ram,

5. Dulare Ram, Son of Late Chauthi Ram, all resident of Village Karwadiya, P.S. Chand, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pramod Kumar, Son of Late Ghasi Ram, R/o Village Karwadiya, P.S. Chand, District- Kaimur at Bhabua.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 323, 341, 380, 354, 452 of the Indian Penal Code.

The allegation against the accused persons is of misbehaving and assaulting the wife of the complainant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Both

Patna High Court Cr.Misc. No.52667 of 2018 (2) dt.12-09-2018 parties are agnates. There is admitted land dispute between them. The present case is an outburst of the enmity between the parties. Allegations are superficial in nature. There is no substantial evidence to suggest the implication of the petitioners in the present case.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 Additional Chief Judicial Magistrate-IV, Kaimur at Bhabua in connection with Complaint Case No. 702 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T