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Patna High CourtCR. MISC./79637/2019allowed

Anil Kumar v. The State Of Bihar

2020-06-18Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79637 of 2019 Arising Out of PS. Case No.-249 Year-2019 Thana- MANER District- Patna ====================================================== 1.

ANIL KUMAR S/o Vijay Rai @ Binay Rai, age about 20 years (Male) 2.

Pankaj Kumar S/o Vijay Rai @ Binay Rai, age about 18 years (Male) Both are R/o village- Adalchak Dumaria, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 18-06-2020 Heard learned counsel for the petitioners as well as learned A.P.P.

Both the parties are close pattidar having common residential house duly partitioned by a wall. The accused persons dug earth for the construction of septic latrine, whereupon a dispute arose and in the aforesaid background, it has been alleged that Vinay Rai, Anil Rai, Pankaj Kumar, Sumitra Devi, Seema Kumari made house trespass and assaulted father, sister of the informant. They also took away ornaments, cash. On the following day when they inquired from the accused persons with regard to illegal activity, on that very score they again began to assault and during course thereof, they hit over the head of the mother of the informant as well as over the head of his sister. Both the injured

Patna High Court CR. MISC. No.79637 of 2019(4) dt.18-06-2020 2/2 have been examined under Para-3 and Para-4 of the case diary. Vinay Rai has been identified to be the sole assailant of both the injured. Though, Sangita Kumari had sustained simple injury, but Rajmahal Devi had sustained grievous injury having dimension 21⁄2"x 1/4"x bone deep over left side of the forehead and on account of fracture of frontal bone sane has been categorized as grievous injury.

Consequent thereupon, let the petitioners, Anil Kumar and Pankaj Kumar, in the event of their arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Danapur, Patna in Maner P.S.Case No. 249/2019, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Aditya Kumar Trivedi, J) Surendra/- U