Patna High CourtCR. MISC./63309/2018partly allowed disposal

Umesh Rai And ORS v. The State Of Bihar

2019-08-06Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63309 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- GORAUL District- Vaishali ====================================================== 1.

Umesh Rai S/o Late Sonelal Rai, 2.

Ganesh Rai S/o Sonelal Rai, 3.

Pappu Kumar, S/o Ganesh Rai, aged about 45 years, All Resident of Village- Rasulpur Fateh, P.S. Goraul, Kathara O.P., DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2019 So far as petitioner nos. 1 and 2 are concerned, bail application against them has already been dismissed as withdrawn.

Petitioner No. 3 apprehends his arrest in connection with Goraul P.S.Case No. 24 of 2018 registered under Sections 147, 148,149,307,323,341,379,448,504 and 506 of the Indian Penal Code.

Allegation against the petitioner no. 3 is that he assaulted one Sunita Devi by fist and slap in her stomach. Learned counsel for the petitioner no. 3 submits that only allegation against petitioner no. 3 is that he assaulted Sunita Devi by fist and slap and from perusal of injury report of Sunita

Patna High Court CR. MISC. No.63309 of 2018(9) dt.06-08-2019 2/2 Devi, which is Annexure-3, it would be evident that injury caused is simple in nature and as per instruction of the petitioner to the learned counsel for the petitioner, victim Sunita Devi delivered a healthy child.

After having heard learned counsel for the parties and taking into consideration the fact that only allegation against the petitioner no. 3 is of assaulting Sunita Devi with fist and slap as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner no. 3, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Goraul P.S.Case No. 24 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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