Murari Prasad Singh @ Murari Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65305 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- KALYANPUR District- Samastipur ====================================================== 1.

MURARI PRASAD SINGH @ MURARI SHARMA S/o Ram Nandan Singh 2.

Raushan Kumar S/o Murari Prasad Singh @ Murari Sharma R/o villageRamauli, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Ranjan For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2019 The petitioners apprehend their arrest in connection with Kalyanpur P. S. Case No. 65 of 2019 registered under Sections 307,323,324,341,379,504 and 506/34 of the Indian Penal Code. Allegation against the petitioners is that petitioner no. 1 assaulted the wife of the informant by means of Khanti on her head and petitioner no. 2 assaulted the daughter of the informant by means of iron rod on her head.

Learned counsel appearing on behalf of the petitioners submits that both parties are agnate and there is land dispute between them. He further submits that there is case and counter case in between the parties inasmuch as wife of petitioner no. 1 has lodged Kalyanpur P.S.Case No. 66 of 2019 against the

Patna High Court CR. MISC. No.65305 of 2019(2) dt.05-11-2019 2/2 informant and others. He further submits that petitioner no. 2 has got injury in free fighting between the parties and referring to the impugned order, he submits that injury caused to the wife of the informant is found to be simple in nature and injury caused to other victim is also not grievous.

Having regard to the submissions made by the parties and taking into consideration the fact that both parties are agnate and there is case and counter case in between the parties 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 ACJM, Samastipur in connection with Kalyanpur P.S.Case No. 65 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T