Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66342 of 2019 Arising Out of PS. Case No.-240 Year-2017 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Chandan Kumar, S/o Vijay Yadav Resident of Village- Chakmator Milki, P.S.- Makhdumpur (Tehta- O.P.), District- Jehanabad. 2.

Arti Kumari D/o Vijay Yadav Resident of Village- Chakmator Milki, P.S.- Makhdumpur (Tehta- O.P.), District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Makhdumpur (Tehta O.P) P.S. Case no. 240 of 2017, registered under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that drainage of the informant was closed by the F.I.R. named accused then informant gave application to the Police, who came and inspected the said place and after returning of the Police, all started to abuse the informant and causing assault through fist and slaps. At that time, Vijay Yadav caused injury at the head of informant

Patna High Court CR. MISC. No.66342 of 2019(2) dt.05-11-2019 2/2 through lathi at that time, Motisundar Devi snatched her Jitiya from the neck. When Mritunjay Kumar, son of the informant, rushed there then he was assaulted by Bhushan Yadav. Learned counsel for the petitioners submits that, while petitioners are named in the F.I.R., but no specific overt act has been attributed against the petitioners. The specific allegation of causing assault is against Vijay Yadav. Further submission is that petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Jehanabad in connection with Makhdumpur P.S. Case No. 240 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T