Lothai Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6699 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================
1. Lothai Jha Son of Laxmi Narayan Jha
2. Dharm Jha Son of Lothai Jha
3. Rahul Jha Son of Lothai Jha
4. Bumbum Jha Son of Shri Sitaram Jha All resident of Village- Kaurthu, P.S.- Ghanshyampur, District- Darbhanga.
.... .... Petitioners.
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-02-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Ghanshyampur P.S. Case No. 118 of 2014 registered for the offence under Sections-379, 307 & other minor sections of the Indian Penal Code.
According to prosecution case, co-accused, Parmanand Jha gave iron rod blow causing head injury to the informant whereas; co-accused, Gandhi Jha assaulted the informant by means of lathi. So far as petitioners are concerned; general allegation of assault has been levelled against them. Annexure-3 to this petition reveals that the informant was examined by the doctor on 28-05-2014 and only
Patna High Court Cr.Misc. No.6699 of 2015 (2) dt.19-02-2015 2/2 three injuries were found on his person. The doctor gave his opinion, regarding the aforesaid three injuries and opined that the aforesaid injuries were simple in nature but again, after two and a half months of the aforesaid occurrence, the doctor issued supplementary injury, mentioning six injuries in his report and opined that all the injuries were grievous in nature. Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioners named above, in the event of their arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Ghanshyampur P.S. Case No. 118 of 2014 to the satisfaction of Sub Divisional Judicial Magistrate, Biraul at Benipur, District-Darbhanga subject to conditions as laid down u/S 438(2) of the Cr. P.C.
(Hemant Kumar Srivastava, J) A.K.V./- U T