Deo Kumar Srivastava @ Dev Kumar Shrivastva v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81659 of 2019 Arising Out of PS. Case No.-721 Year-2019 Thana- BUXAR District- Buxar ====================================================== 1.

DEO KUMAR SRIVASTAVA @ DEV KUMAR SHRIVASTVA Son of Late Vishwanath Lal @ Vishwanath Srivastava Resident of Village - Musafirganj Buxar Ward No.9, P.S.- Buxar (Town), Distt.- Buxar. 2.

Atul Kumar Srivastava Son of Deo Kumar Srivastava Resident of Village - Musafirganj Buxar Ward No.9, P.S.- Buxar (Town), Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Roy For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Buxar (Town) P.S. Case No. 721 of 2019 registered for the offence punishable under sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., the accused persons are stated to have assaulted the informant as a result of which he sustained injuries.

It is submitted by learned counsel for the petitioners that petitioner no. 1 happens to be married to the informant's

Patna High Court CR. MISC. No.81659 of 2019(2) dt.11-12-2019 2/2 sister while petitioner no. 2 is son of petitioner no. 1. It is further submitted that the instant false case has been registered as a result of dispute in the family. Further from perusal of the order of the learned court below, it would transpire that so called injuries have been found to be simple in nature. Petitioners have no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the relationship between the parties as also the nature of injuries which have been found to be simple in nature, this Court is inclined to grant anticipatory bail to the petitioners and they are directed to surrender in the court below within a period of six weeks from today and in the event of their arrest or surrender, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No. 721 of 2019, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T