Tarni Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34790 of 2015 Arising Out of PS.Case No. -98 Year- 2015 Thana -BIRPUR District- SUPAUL ====================================================== Tarni Mukhiya S/o Dukhan Mukhiya Resident of Village Shivnagar, Police Station Birpur (Bhimnagar O.P.), District Supaul. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Rajendra Pd. Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307 and 379 of the Indian Penal Code. It is alleged that all the accused persons including the petitioner came variously armed, assaulted the informant when the father of the informant came to rescue the petitioner assaulted with Farsa to him. It is also alleged that coaccused Umesh Mukhiya assaulted with Farsa to the sister of the informant, causing bleeding injury and the accused persons also assaulted the mother of the informant.
Patna High Court Cr.Misc. No.34790 of 2015 (2) dt.17-08-2015 2/2 It is submitted by learned counsel for the petitioner that the petitioner is the agnate of the informant and for petty dispute the accusation has been levelled. The injury report of the father of the informant suggests lacerated wound 1"x1/4"x scalp deep simple in nature caused by hard and blunts substance. Though, it is alleged that the petitioner assaulted with Farsa to the father of the informant.
Considering the fact that the accusation is not being corroborated by the medical opinion, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Birpur, Supaul in connection with Birpur (Bhimpur O.P.) P.S. Case No. 98 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T