Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80617 of 2019 Arising Out of PS. Case No.-251 Year-2019 Thana- PARSABAZAR District- Patna ====================================================== 1.

Dilip Kumar, Son of Raja Ram, Resident of Village-Khadiha Nisharpura, P.S.-Parsa Bazar, District-Patna.

2.

Chandan Kumar Son of Shankar Ram, Resident of Village-Kurkuri, P.SPhulwari Sharif, District-Patna. 3.

Shantosh Kumar Son of Ram Nivash Ram.

4.

Rajesh Chandrabanshi @ Tempu Ram Son of Devendra Ram 5.

Devendra Ram Chand @ Devendra Ram Son of Shiv Prasad Chandrabanshi 6.

Sanoj Kumar Son of Late Ram Nivash Ram Sl. No. 3 to 6 are Resident of Village-Khadiha Nisharpura, P.S-Parsa Bazar, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, apprehend their arrest registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 354(b), 380, 385 of the Indian Penal Code. Informant has alleged in his written complaint that on 06.08.2019 FIR named accused persons entered his house

Patna High Court CR. MISC. No.80617 of 2019(2) dt.09-12-2019 2/3 and started abusing and threatened that if he does not withdraw the case filed against them then they will be killed. It is further alleged that subsequently FIR named accused variously armed with lathi, danda and rod entered his house and damaged household articles and also snatched Rs. 12,000/- and tried to outrage the modesty of his wife.

It has been submitted on behalf of the petitioners that both are neighbours and due to installation of septic tank the dispute arose and only scuffle took between the parties and no serious injuries was caused to any of the parties. The Sessions Judge has also recorded that injuries are simple in nature. There is case and counter case for the same occurrence and for the same occurrence a case was instituted by one of the accused of present case. Petitioners have no criminal antecedent. Considering the facts and circumstances of the present case, let petitioners, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on prearrest bail on furnishing bail bonds of Rs. 20,000/- (Twenty thousand only) each with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-VIII-cum-A.C.J.M., Patna, in connection with Parsa Bazar P.S. Case No. 251 of

Patna High Court CR. MISC. No.80617 of 2019(2) dt.09-12-2019 3/3 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) Rajiv/- U T