Patna High Court - Orders
Ankit Kumar Srivastava & Anr. vs The State Of Bihar on 12 March, 2012
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7199 of 2012
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1. Ankit Kumar Srivastava
2. Abinash Kumar Srivastava @ Prince Kumar
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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With
Criminal Miscellaneous No.9959 of 2012
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Neha Kumari
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
02/ 12-03-2012Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 337, 302/34 of the Indian Penal Code.
The petitioners of Cr. Misc. No. 7199 of 2012 are alleged to have assaulted the informant with sugarcane when no injury report with regard to the informant is available on the record whereas the deceased was assaulted by petitioner Neha Kumari, Birendra Prasad and Yogendra Prasad. In the FIR it is Patna High Court Cr.Misc. No.7199 of 2012 (2) dt.12-03-2012 2/3 specifically alleged that Birendra Prasad assaulted the deceased with the leg of the chair on the head of the deceased whereas Yogendra Prasad assaulted on the back and the petitioner Neha Kumari assaulted with brick but the place of injury has not been specified.
The post-mortem reflects only two injuries, one lacerated injury on the head and one abrasion on the wrist. The injury on the head is specific against Birendra whereas there is no injury on the back, which is alleged against Yogendra, but considering the accusation that petitioner Neha Kumari alleged to have made assault with brick, this Court is not inclined to grant anticipatory bail to Neha Kumari, but keeping in view of the fact that post-mortem does not corroborate the accusation of assault made by petitioner Neha Kumari, in view of this Court, that is a good ground for consideration of regular bail.
Let the petitioner Neha Kumari surrender before the learned court below within a period of six weeks from today when the learned court below consider the regular bail prayer of Neha Kumari.
With this aforesaid observation, the Patna High Court Cr.Misc. No.7199 of 2012 (2) dt.12-03-2012 3/3 application for anticipatory bail on behalf of petitioner Neha Kumari (Cr. Misc. No. 9959 of 2012) is disposed of.
So far petitioners of Cr. Misc. No. 7199 of 2012 are concerned, there is no accusation of making assault to deceased, let the above named both the petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve 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 Chief Judicial Magistrate, Gopalganj in connection with Uchkagaon P.S. Case No. 07 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J.) DKS/