Anuj Kumar @ Anoj Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30675 of 2018 Arising Out of PS. Case No.-59 Year-2017 Thana- DHANKUND District- Banka ======================================================
1. Anuj Kumar @ Anoj Kumar, S/o Sukhdeo Kumar, R/o Vill.- Bhatuachak, P.S.- Dhankund, District- Banka.
2. Dinesh Singh @ Dinesh Mandal S/o Late Arjun Singh, R/o Vill.- Adalpur, P.S.- Sanokhar, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Davendra Kumar Pandey, Adv.
For the Opposite Party/s :
Sri Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 307,323,341,504 and 506/34 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report dated 18.09.2017 submitted by Subhash Mandal to the Station House Officer, Dhankund Police Station, to the effect that the daughter of the informant, namely, Monika Kumari had gone to the school, but during lunch, she along with others, began throwing stones on guava tree. As a result petitioner no.1 Anoj Kumar brutally assaulted the daughter of the informant. When the family member of the informant came to rescue her,
Patna High Court Cr.Misc. No.30675 of 2018(2) dt.18-05-2018 2/3 they were also assaulted. It is further alleged that on 18.09.2017, when the son of the informant Sajan Kumar was returning from Bhagalpur after attaining B.A. Part-I examination, the accused persons, named in the FIR, including the petitioners caught hold of him near Bhaturchak village Canal, whereupon, Kukhdeo Singh and Dinesh Mandal brutally assaulted him by iron rod, causing fracture of his hand.
It is submitted by learned counsel for the petitioners that for a petty dispute, the occurrence has taken place. It does not appear that anyone has received any grievous injury. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. It is submitted by learned APP for the State that the petitioners are named in the FIR.
Considering the aforesaid facts coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, Banka, in connection
Patna High Court Cr.Misc. No.30675 of 2018(2) dt.18-05-2018 3/3 with Dhankund P.S. Case No.59 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T