Jitendra Madheshiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32139 of 2015 Arising Out of PS.Case No. -368 Year- 2014 Thana -MIRGANJ District- GOPALGANJ ======================================================

1. Jitendra Madheshiya S/o Late Laxman Madheshiya

2. Deepak Manjhi S/o Late Sudama Manjhi, Both R/o Village- Mirganj, P.S.- Mirganj, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Rakesh For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 14-08-2015 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

The allegation against both the petitioners is that they took the son of the informant and they assaulted him with knife and he became senseless.

Learned counsel for the petitioners submits that doctor who has examined the injured has not opined regarding the nature of the injury. He has mentioned that the injuries were lacerated. Later on another doctor has examined and the injuries have been found grievous. He has also submitted that out of five injuries, injury nos. 1, 2 and 3 are simple in nature. He further submits that occurrence has taken place on 28.11.2014 and the case has been

Patna High Court Cr.Misc. No.32139 of 2015 (2) dt.14-08-2015 2/2 lodged by the mother of the victim on 05.12.2014 after much delay and petitioners have no criminal antecedent. The learned counsel for the informant submits that the injuries are incised. He also submitted that after investigation charge-sheet has been filed against the petitioner. Considering the facts and circumstances of this case, the above-named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in Mirganj P.S. Case No. 368 of 2014 with the following conditions :

1.

One of the bailors will be the close relative of the petitioners.

2.

The petitioners will not indulge in similar or in any other offence.

3.

The petitioners will be well represented in the court.

In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sushma/- U