KANCHAN DEVI v. The State of Bihar

Mr.Manohar Prasad Singh For the Opposite Party/s : Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 21-07-2023 Heard the parties. The petitioners apprehend their arrest in connection with Sabour (Goradih) PS Case No. 406 of 2022 dated 03.10.2022 registered under Section 341, 323, 307, 379, 504, 447 / 34 of the IPC. As per the prosecution case the petitioner no. 1 along with her husband (i.e. petitioner no. 2) assaulted the informant due to the reason that She- goat of the informant had gone to the door of the petitioners. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.35267 of 2023(2) dt.21-07-2023 the informant and the petitioner no. 2 are own brothers. The incident has taken place on a trivial issue of She- goat. The injury caused to the informant is simple in nature as would be evident from paragraph-17 of the case diary. He next submits that both the parties have arrived at amicable settlement and the informant of the case has sworn the affidavit on behalf of the petitioners. Regard being had to the submission made by the parties, taking into consideration the the fact that both the parties are family members, injury caused to the informant is simple in nature and there is two days delay in lodging of the FIR, I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Sabour (Goradih) PS Case No. 406 of 2022, GR No. 4579 / 2022 subject to the condition as laid Patna High Court CR. MISC. No.35267 of 2023(2) dt.21-07-2023 down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T