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Patna High CourtCR. MISC./15939/2015bail granted

Rajan Giri And ORS v. The State Of Bihar

2015-06-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15939 of 2015 Arising Out of PS.Case No. -119 Year- 2014 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajan Giri son of Ramnaresh Giri Resident of village - Rampur Khajuria, P.S. - Dumariya Ghat, District - East Champaran at Motihari.

2. Ramnaresh Giri son of Late Paltan Giri Resident of village - Rampur Khajuria, P.S. - Dumariya Ghat, District - East Champaran at Motihari.

3. Baldeo Giri son of Late Dasai Giri Resident of village - Rampur Khajuria, P.S. - Dumariya Ghat, District - East Champaran at Motihari.

4. Kaushal Giri alias Kushaldeo Giri son of Late Dasai Giri Resident of village - Rampur Khajuria, P.S. - Dumariya Ghat, District - East Champaran at Motihari.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Pramod Kr.Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2015 Heard learned counsel for the petitioners, the informant and learned APP.

The petitioners apprehend their arrest in connection with Dumaria Ghat P.S.Case No.119 of 2014 registered under section 307 and other sections of the IPC, section 27 of the Arms Act and section 3⁄4 of the Witch Craft Practices Act. The petitioners are named in the F.I.R. There is counter version but the informant has made very specific allegation that Mutun Giri assaulted him with sharp cutting weapon which hit on his arm and Shashikant Giri assaulted him with lathi on his head. Petitioner no.1 Rajan Giri is alleged to have assaulted the informant with butt of lathi on his abdomen. Petitioner no.2 Ram Naresh Giri and petitioner no.3 Baldeo Giri

Patna High Court Cr.Misc. No.15939 of 2015 (4) dt.30-06-2015 2/2 are not alleged to have assaulted and there is no allegation against petitioner no.4 Kaushal Giri @ Kushaldeo Giri. It is submitted that there is counter version and no injury corresponding injury on abdomen is found. Learned counsel for the informant and learned APP submit that one injury on the person of Ranjeet Giri is found grievous.

It appears that the injury found on the person of Ranjeet Giri is attributed to Shashikant Giri and Mutun Giri. Considering the facts aforesaid, the petitioners, named above, in the event of their arrest/surrender before the court below within four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Dumaria Ghat P.S.Case No.119 of 2014, subject to the condition as laid down under section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J) ahk/- U T