Leelanand Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73064 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- FORBESGANJ District- Araria ======================================================

1. Leelanand Singh, Son of Late Rabi Singh,

2. Manish Kumar Singh, Son of Leelanand Singh, Both are resident of Village- Katahara, Chauhan Tola, P.S.- Forbesganj, DistAraria. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

The application for anticipatory bail arises out of Forbesganj P.S. Case No. 31 of 2018, disclosing offences under Sections 341, 323, 307, 504and 506/34 of the Indian Penal Code.

Petitioner no.1 is the father-in-law and petitioner no.2 is the brother-in-law of the sister of the informant. As per the FIR, when the informant had gone to meet his sister, all the accused persons started abusing and assaulting him and petitioner no.2 assaulted Navin Kumar Singh, who was accompanying the informant, with a sharp-cutting weapon, because of which he received injuries. Petitioner no.1 also assaulted the informant with a Lathi causing him injury. Learned counsel, appearing on behalf of the petitioners, has submitted that the injury caused to the said Navin Kumar Singh has been found to have been caused by a

Patna High Court Cr.Misc. No.73064 of 2018(2) dt.19-12-2018 2/2 hard and blunt substance and is simple in nature and, therefore, the prosecution case stands belied. He has also submitted that it was primarily because of matrimonial discord that the case has been lodged against the accused persons.

Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned CJM, Araria in Forbesganj P.S. Case No. 31 of 2018 arising out of G.R. No. 116 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T