Adhin Mahto And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23890 of 2015 Arising Out of PS.Case No. -2526 Year- 2008 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================
1. Adhin Mahto son of Late Dukha Mahto
2. Gulab Chand Mahto
3. Vidya Nand Mahto Both sons of Late Fekan Mahto and All residents of Village-Jhunni Kala P.S.-K. Nagar, District-Purnea
4. Khantar Yadav son of Late Goday Yadav, resident of Village-Jhunni Kala(Tegariya Tola), P.S.-K. Nagar, District-Purnea .... .... Petitioners
Versus
The State of Bihar & Anr .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Bipin Kumar For the Opposite Party : Mr. Pushpa Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 147, 323, 324, 379 of the Indian Penal Code. It is alleged that in the background of land dispute co-accused Lalan Yadav and petitioner Vidya Nand Mahto assaulted with lathi to the complainant causing fracture injury and when grand-mother of the complainant came to rescue then she was also assaulted by petitioner Khantar Yadav causing cut injury on the right hand and the father of complainant was assaulted by petitioner Vidya Nand Mahto.
Patna High Court Cr.Misc. No.23890 of 2015 (2) dt.30-06-2015 2/2 It is submitted by learned counsel for the petitioners that though the complaint was filed in the year 2008 but the order of cognizance was passed on 15.07.2014. A statement has been made in para 10 of the petition that injury report is not on record and in the background of land dispute the accusation has been levelled. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioners surrender within a period of six weeks in connection with Complaint Case No. 2526 of 2008, pending in the Court of learned Judicial Magistrate, Purnea.
With the observations above, the application stands disposed off.
(Dinesh Kumar Singh, J) Shageer/- U T