Bhagwat Giri And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20687 of 2015 Arising out of PS.Case No. -40 Year- 2014 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bhagwat Giri, Son of Late Manager Giri.
2. Shanti Devi, Wife of Bhagwat Giri.
3. Satya Giri @ Satya Kumar Giri, Son of Bhagwat Giri. All residents of village - Rampur Khajuria, P.S. - Dumaria Ghat, District - East Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Abhinay Raj, Advocate. For the Opposite Party : Mr. S.D.Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 The petitioners are apprehending their arrest in connection with Dumariyaghat P.S. Case No. 40 of 2014 for the offences instituted under Sections 147, 148, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.
Heard learned counsel for the petitioners and the State. The prosecution story, in brief, is that on the date and time of the occurrence informant's son Rahul Kumar informed her that some persons are cutting bamboo. On this, the informant had gone to her bamboo-clump and saw that her village persons, the petitioners-accused along with co-accused persons were cutting
Patna High Court Cr.Misc. No.20687 of 2015 (2) dt.02-07-2015 2 / 3 bamboo. The informant protested it, then accused persons caused assault to her by lathi, danda. In the meantime, petitioner-accused Shanti Devi caused axe blow on the head of the informant, as a result of which, blood started oozing. Accused persons also snatched ear-ring of the informant. The village persons carried the informant to Police Station from where she was carried to Sadar hospital for treatment.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is further submitted that there is case and counter case. Counter case is annexure-2 to the present application. It is further submitted that both parties have settled the dispute and with respect to same, a compromise petition has been filed vide annexures-3 and 3/A. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts, let the above named petitioners, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Dumariaghat P.S. Case No. 40 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari, subject to the
Patna High Court Cr.Misc. No.20687 of 2015 (2) dt.02-07-2015 3 / 3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T