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Kalpana Biswas @ Kalpana Bishwas v. The State Of Bihar

Patna HC18 Oct 2017CR. MISC./49208/2017

Case brief

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What is this about?

In a Criminal Miscellaneous application, the Patna High Court granted anticipatory bail to the petitioner apprehending arrest in a case involving assault and attempts to murder arising from a land dispute, noting injuries were superficial and similar to co-accused.

What did the court decide?

Released on anticipatory bail upon furnishing a bond of Rs.10,000 with two sureties and appearing in Court within four weeks.

Kalpana Biswas @ Kalpana Bishwas Vs The State Of Bihar — Bail and Remand | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49208 of 2017

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Arising Out of PS.Case No. -183 Year- 2017 Thana -AJAMNAGAR District- KATIHAR

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====================================================== Kalpana Biswas @ Kalpana Bishwas Son of Late Mahendra Biswas, Resident of Village-Baghora, P.S. Azam Nagar, District-Katihar.

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.... .... Petitioner Versus The State of Bihar .... .... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 18-10-2017 Heard both sides.

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Petitioners apprehend their arrest in Azam Nagar P.S. Case No.183 of 2017 under Sections 307, 379 and other Sections of the Indian Penal Code.

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Binod Biswas the informant alleged that while he was constructing house, the petitioner and others objected. The informant asserted that he was constructing house over his land. On such, the petitioner and Shyam Sunder Biswas are alleged to have assaulted Binod Biswas with lathi on his head.

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Learned counsel for the petitioner submits that Kalpana and Shyam Sunder Biswas both are alleged to have assaulted Binod Biswas with lathi on head but on perusal of injury report as annexed in Annexure-2 Binod Biswas got one lacerated

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Patna High Court Cr.Misc. No.49208 of 2017 (2) dt.18-10-2017

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2/2

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wound on head with 1” x ¼” and other injuries are pain and swelling but all the injuries are simple in nature. It is submitted that the learned court below granted bail to Shyam Sunder Biswas but allegation against him is same and similar.

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Considering the facts aforesaid, it appears that there is land dispute between both sides and for which some scuffle took place and injuries caused are superficial in nature, petitioner is directed to be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Katihar in connection with Azam Nagar P.S. Case No.183 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Prabhat Kumar Jha, J)

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N.H./-

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U T

Kalpana Biswas @ Kalpana Bishwas v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kalpana Biswas @ Kalpana Bishwas v. The State Of Bihar

Case brief

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What did the court decide?

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