Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20254 of 2017 Arising Out of PS.Case No. -205 Year- 2016 Thana -PARSABAZAR District- PATNA ====================================================== Sujit Kumar, Son of Surya Narayan Singh, Resident of Village: Bagpur, Police Station- Parsa Bazar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Sri Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-06-2017 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Parsa Bazar P.S. Case No. 205 of 2016 for offences under Sections 341, 323, 325, 379, 354(D) and 307/34 of the Indian Penal Code.

From perusal of the order of the court below, it appears that the court below after going through the various paragraphs of the case diary, wherein statements of various witnesses were recorded, came to the prima facie conclusion that there was dispute with regard to money between the family members in connection with land acquisition case and granted anticipatory bail to father-in-law, mother-in-law, Gotni and two sons of Gotni, however, it declined to grant bail to the petitioner, who is brother-in-law of the informant on the ground that he was keeping evil eye upon informant while the informant was taking

Patna High Court Cr.Misc. No.20254 of 2017 (2) dt.06-06-2017 2/2 bath.

The petitioner has stated in para-3 of the petition that he has no criminal antecedent.

Having regard to the fact that all the family members were made accused in this case, the court below after perusal of the case diary, granted anticipatory bail to all the accused persons except this petitioner.

In the totality of fact and situation, it appears that the dispute is primarily a family dispute and as such, the petitioner deserves bail.

In view of the facts and circumstances stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Gayatri Kumari, J.M. 1st Class, Patna in connection with Parsa Bazar P.S. Case No. 205 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Upadhyay, J) S.Pandey/- U T