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Patna High CourtCR. MISC./153/2020allowed

Rupesh Mehta @ Rupesh Kumar v. The State Of Bihar

2020-02-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.153 of 2020 Arising Out of PS. Case No.-211 Year-2019 Thana- JADIA District- Supaul ====================================================== 1.

Rupesh Mehta @ Rupesh Kumar, aged about 33 years, Male, Son of Rajendra Mehta 2.

Rajendra Mehta, aged about 63 years, Son of Late Basudev Mehta, both resident of Village - Manganj East, Ward No.6, P.S.- Jadia, Distt.- Supaul. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jadia P.S. Case No. 211 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

On the basis of written report of informant, the instant case has been registered against six accused persons including the petitioners and it is alleged therein that on 12.11.2019 at 2.00 P.M., the petitioners including co-accused came at his field and started cultivating KOVI and when the father of the informant intervened the co-accused Arun Mehta demanding

Patna High Court CR. MISC. No.153 of 2020(2) dt.24-02-2020 2/3 Rangdari, the petitioner no.1 threatened to kill and petitioner no.2 started abusing. He further alleged that on the order of the co-accused Kiran Kumari the accused persons started assaulting. He further alleged that on the alarm, he went in rescue of his father thereafter the co-accused Arun Mehta gave PHARSA blow on his right side of head, petitioner no.1 gave rod blow on palm, legs, back and petitioner no.2 gave spade blow to his father. He further stated that co-accused Arun Mehta tied GAMCHI in the beck of his father and tried to push his neck and in the meantime, co-accused Meera Devi and Bimla Devi came and beaten with LATHI and DANDA. He further alleged that co-accused Arn Mehta took his chain and petitioner no.2 took cash Rs.2500/- from his father.

Learned counsel for the petitioners submits that there is case and counter case. There is land dispute between the parties. He further submits that the informant and his father have been examined by the Medical Officer of Sub Divisional Hospital, Triveniganj on 12.11.2019 at 6 and 6.05 P.M. and found simple injury upon them. He further submits that there is no specific allegation against the petitioners. In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of

Patna High Court CR. MISC. No.153 of 2020(2) dt.24-02-2020 3/3 arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. 1st, Supaul in connection with Jadia P.S. Case No. 211 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T