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Patna High CourtCR. MISC./25164/2016bail granted

Chamru Rajak @ Chamaru Rajak And ORS v. The State Of Bihar

2016-06-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25164 of 2016 Arising Out of PS.Case No. -50 Year- 2016 Thana -KADWA District- KATIHAR ======================================================

1. Chamru Rajak @ Chamaru Rajak

2. Amaru Rajak both sons of Late Naku Rajak

3. Pradeep Rajak @ Chhatuwa Rajak @ Pradeep Kumar Rajak Son of Chamaru Rajak

4. Latuwa Rajak @ Lattu Kumar Rajak Son of Chamaru Rajak

5. Sita Devi Wife of Chamaru Rajak

6. Nirma Devi @ Nimia Devi Wife of Pradeep Rajak

7. Manoj Rajak Son of Amaru Rajak

8. Raj Kumar Rajak Son of Amaru Rajak

9. Sekhar Rajak @ Doma Rajak Son of Amaru Rajak

10. Rambha Devi Wife of Raj Kumar Rajak

11. Anari Devi Wife of Chamaru Rajak

12. Vijay Kumar Das Son of Vinod Rajak

13. Akshya Kumar Das Son of Budhwa Lal Das All residents of village - Shikarpur, P.S. Beliya Belon, District - Katihar .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Jagdhar Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-06-2016 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under sections 147, 149, 341, 323, 307, 504, 506 of the Indian Penal Code.

Prosecution case is that twelve named accused persons came variously armed and they started abusing the informant. On protest being made petitioner no.1 Chamru Rajak assaulted the younger brother Dinesh Kumar Das by an axe on his head,

Patna High Court Cr.Misc. No.25164 of 2016 (2) dt.21-06-2016 petitioner no.2 Amaroo Rajak assaulted the informant's brother by bamboo on his hand and petitioner no.13 Akshay Kumar Das assaulted him by bricks on the left side of his chest and the younger brother of the informant was also assaulted by lathi and Fatta, as a result of which he sustained a injury. It is submitted by the learned counsel for the petitioners that the brother of the informant received two injuries, one on the forehead and the other lacerated wound skin deep on the left hand. There is a counter version of the alleged occurrence.

Considering the fact that there is a case and counter case of the alleged occurrence, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within a period of twelve weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate IV, Katihar in Kadwa (Baliya Belon) P.S.Case No. 50/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Surendra/- U