Hansraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71606 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- RAJAON District- Banka ====================================================== 1.

Hansraj Son of Anandi Das Resident of Village - Karsani, P.S. - Rajoun, District - Banka.

2.

Niraj Das Son of Anandi Das Resident of Village - Karsani, P.S. - Rajoun, District - Banka.

3.

Anandi Das Son of Late Mahabir Das Resident of Village - Karsani, P.S. - Rajoun, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend arrest in connection with Rajoun P.S. Case No. 10 of 2019 for the offence registered under Sections 147, 341, 323, 354, 379, 504, 506 of the Indian Penal Code.

The allegation against the petitioners as per the First Information Report that while informant was going to her house Petitioner No. 1, with a bad intention, dragged the informant to the side of his house and Petitioners No. 2 and 3 assaulted her by fists, rod, lathi etc.

Patna High Court CR. MISC. No.71606 of 2019(2) dt.18-12-2019 2/2 Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and both the parties are co-villagers. Learned counsel further submits that there is case and counter case between the parties inasmuch as Rajoun P.S. Case No. 11 of 2019 has been lodged by the co-accused persons, namely, Panchna Devi. He further submits that no injury has been caused to the informant. Having regard to the submissions made by the parties and taking into consideration the facts that both the parties are co-villagers and there is case and counter case between the parties and there is no injury caused to the informant, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrte, Banka, in connection with Rajoun P.S. Case No. 10 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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