IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11032 of 2010 1. RAM NIWAS THAKUR,son of Late Mundrika Thakur, 2. Raushan Kumar, son of Ram Niwas Thakur, Both residents of village-Aaga Nagar,P.S.- Maniyari,District-Muzaffarpur.. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 26-04-2010 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on record. Heard Mr. Umakant Shukla, learned counsel appearing on behalf of the petitioners, Mr. Shamir Ranjan, learned counsel appearing on behalf of the informant as also Mr. Binod Kumar, learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Maniyari P.S.Case No.158 of 2009 dated 20-12-2009, registered under Sections 447, 341, 323, 354, 324, 307 and 504/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that there are case and counter case vide Annexures-1 and 2 respectively with respect to the same occurrence and there are two versions of the occurrence in question. It is further submitted that there are injuries from both the sides and both sides are closely related to each other. It is also stated that petitioner no.1 is a practicing lawyer of Civil Court, Muzaffarpur and petitioner no.2 happens to be his son. On these grounds, prayer has been made that they may be granted anticipatory bail. Learned counsels for the State and the informant have 2 strongly opposed the prayer for anticipatory bail. They have pointed out that while the informant and his wife was away from their house and their younger daughter Priya Kumari, aged about 14 years, was inside a room, then petitioner no.2 is said to have peeped through window, which was protested by the aforesaid Priya Kumari, and thereafter the entire occurrence is said to have taken place. They have further pointed out that petitioner no.1 assaulted the informant causing injury on his person and petitioner no.2 assaulted one Nageshwar Thakur by Dab causing as many as six injuries on his person. Be that as it may, in view of the fact that petitioner no.2-Raushan Kumar, was the root cause for the entire occurrence and he is alleged to have caused as many as six injuries on the person of Nageshwar Thakur, his prayer for anticipatory bail is rejected. He must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the present order. However, so far petitioner no.1-Ram Niwas Thakur is concerned, he is father of petitioner no.2 and was admittedly not present there when the first occurrence took place and further he is said to be practicing Advocate at Civil Court, Muzaffarpur. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioner no.1 shall be released on bail on furnishing bail 3 bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, West Muzaffarpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)