Raj Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83407 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- KOTWA District- East Champaran ====================================================== 1.
RAJ KUMAR PANDEY Son of Late Jageshwar Pandey Resident of Village - Dumra, P.S.- Kotwa, Distt - East Champaran. 2.
Raj Kishori Pandey @ Ram Kishori Pandey Wife of Raj Kumar Pandey Resident of Village - Dumra, P.S.- Kotwa, Distt - East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Dubey For the Opposite Party/s :
Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-06-2020 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Kotwa P.S. Case No. 107 of 2019, disclosing the offence under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code. It is evident from the First Information Report that the petitioner and the informant are full brothers and for an occurrence said to have taken place on 17.05.2019, case and counter-case have been registered.
Learned counsel for the petitioners has submitted that family dispute is the apparent reason behind the scuffle between the two which might have taken place. The petitioners have no criminal antecedent, as stated in paragraph-3 of the
Patna High Court CR. MISC. No.83407 of 2019(4) dt.29-06-2020 2/2 application.
Considering the genesis of occurrence, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in Kotwa P.S. Case No. 107 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T