Hon'ble Justice Anil Kumar Sinha granted anticipatory bail to petitioner/s in a Police Station case alleging assault and coercive acts under various sections of IPC, noting co-sharers and land dispute
Anticipatory bail granted; release on bail bonds of Rs. 10,000/- each with two sureties subject to conditions under Section 438(2) CrPC.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10356 of 2020
Arising Out of PS. Case No.-77 Year-2019 Thana- KHIRI MORE District- Patna
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar For the Opposite Party/s : Mr. A. L. Pandit ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 17-06-2020
Heard learned Counsel for the petitioners and learned Additional Public Prosecutor representing the State, through Video Conferencing.
This application, for grant of anticipatory bail, arises out of Khiri More Police Station Case No. 77 of 2019, disclosing offences under Sections 341/323/307/379/504/506/34 of the Indian Penal Code.
The allegation against the petitioners is that the petitioner no. 1 assaulted the wife and son of the informant by means of garasa and the petitioner no. 2 assaulted them by means of iron-rod.
Learned Counsel for the petitioners submits that both
Patna High Court CR. MISC. No.10356 of 2020(2) dt.17-06-2020 2/3
the parties are co-sharers and agnates and there is land dispute between them. He further submits that there is case and counter case between the parties inasmuch as for the occurrence which has taken place on the same date, Khiri More Police Station Case No. 77 of 2019 has been lodged by the father of the petitioners. He, referring to Annexure-2, submits that injuries caused to the son of the informant have been found to be simple in nature. However, the nature of the injuries caused to the wife of the informant is similar to the nature of injuries of the son of the informant in scalp, but the doctor has kept his opinion reserved.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-sharers and agnates, there is land dispute between them and the nature of the injuries caused to the victims are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.10356 of 2020(2) dt.17-06-2020 3/3
amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, Patna, in connection with Khiri More Police Station Case No. 77 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners in a case alleging assault on family members arising from a land dispute.
1 provisions across 1 enactments
RAVI RANJAN KUMAR
PANCHAM RANJAN KUMAR
The State of Bihar
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
