Sanjay Patraj And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4681 of 2018 Arising Out of PS.Case No. -440 Year- 2017 Thana -BANKA District- BANKA ======================================================

1. Sanjay Patraj, Son of Ramdeo Patraj,

2. Dhananjay Patraj, Son of Ramdeo Patraj,

3. Balram Patraj, Son of Gajadhar Patraj,

4. Hareram Patraj, Son of Gajadhar Patraj, All are resident of VillageRatothia, P.S. Banka, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2018 Heard the learned counsels for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Banka P.S. Case No. 440/2017 dated 27.07.2017 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 325 and 307 of the Indian Penal Code.

The allegation in the F.I.R. is that when the informant was cleaning the Anganbari Centre, the petitioners came and accosted her. The petitioners are also alleged to have assaulted the informant by means of fists and slaps. When the husband of the informant came to her rescue, co-accused, Manoj Patraj, assaulted him by means of an axe leading to injuries on his person. Learned counsel for the petitioners has submitted that

Patna High Court Cr.Misc. No.4681 of 2018 (2) dt.02-02-2018 2/2 petitioner no. 3 has also filed a case against the husband of the informant which has been instituted for the offences under Sections 307 and other Sections of the Indian Penal Code. It has further been submitted that so far as the petitioners are concerned, they are not said to have assaulted the husband of the informant, rather they are only alleged to have assaulted the informant with fists and slaps. The injuries suffered by the informant is simple in nature. The petitioners do not have any criminal antecedent.

Considering the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 440/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T