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Patna High CourtCR. MISC./6926/2022allowed

Dharmendra Mistri v. The State Of Bihar

2022-08-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6926 of 2022 Arising Out of PS. Case No.-1143 Year-2021 Thana- NAWADA District- Nawada ====================================================== 1.

DHARMENDRA MISTRI S/o Mahendra Mistri Resident of Village- Harla, P.S.- Kadirganj O.P., District- Nawada.

2.

SHANNI MISTRI S/o Nawal Mistri Resident of Village- Harla, P.S.- Kadirganj O.P., District- Nawada.

3.

MAHENDRA MISTRI S/o Late Paro Mistri Resident of Village- Harla, P.S.- Kadirganj O.P., District- Nawada.

4.

SURENDRA MISTRI S/o Late Hari Mistri Resident of Village- Harla, P.S.- Kadirganj O.P., District- Nawada.

5.

MANOJ MISTRI @ MANISH KUMAR S/o Suresh Mistri Resident of Village- Harla, P.S.- Kadirganj O.P., District- Nawada. 6.

NITISH KUMAR S/o Suresh Mistri Resident of Village- Harla, P.S.- Kadirganj O.P., District- Nawada.

7.

BIRENDRA MISTRI S/o Surendar Mistri Resident of Village- Harla, P.S.- Kadirganj O.P., District- Nawada.

8.

DINESH MISTRI S/o Late Sharan Mistri Resident of Village- Harla, P.S.- Kadirganj O.P., District- Nawada.

9.

RITIK KUMAR S/o Dinesh Mistri Resident of Village- Harla, P.S.- Kadirganj O.P., District- Nawada.

10.

NAWAL MISTRI S/o Late Sharan Mistri Resident of Village- Harla, P.S.- Kadirganj O.P., District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection

Patna High Court CR. MISC. No.6926 of 2022(2) dt.03-08-2022 2/3 with Nagar (Kadirganj) P.S. Case no. 1143/2021 instituted for the offence under Sections 341, 323, 325, 307, 354(B), 504, 506/34 of the Indian Penal Code.

As per allegation in the FIR, when the informant's daughter went to take milk, petitioner no. 1 Dharmendra Mistri was there and he tried to outrage her modesty. Victim girl came to her house and narrated the whole story to family members. In this regard, her Father called a Panchayati. It is further alleged that before Panchayati, several accused persons including the petitioners came there and started to assault the members of informant side as a result of which three persons sustained head and hand injuries by iron rod.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Injury received by the injured persons are simple in nature, as per impugned order. After prevailing good sense, the matter has been compromised between the parties and petitioner has annexed the compromise petition as Annexure-2 to the petition.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in

Patna High Court CR. MISC. No.6926 of 2022(2) dt.03-08-2022 3/3 the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nagar (Kadirganj) P.S. Case no. 1143/2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U