Ajay Kumar Srivastawa @ Ajay Kumar Srivastava And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2600 of 2017 Arising Out of PS.Case No. -250 Year- 2016 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================
1. Ajay Kumar Srivastawa @ Ajay Kumar Srivastava
2. Vijay Kumar Srivastawa@Vijay Kumar Srivastava
3. Sanjeev Kumar Srivastawa@Sanjeev Kumar Srivastava@Snjeev Srivastava all are son of late Pandey Vishnath Lal resident of village- Hata, P.S. Chainpur, District- Kaimur at Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P for the State.
Supplementary affidavit has been filed on behalf of the petitioners, annexing the copy of compromise petition filed before the learned Court below.
The petitioners seek bail in connection with Chainpur P. S. Case No. 250 of 2016 registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code. Allegedly, the petitioners came at the door of the informant, started abusing and told the informant that they have caused loss of Rs. 50, 00,000/- and with an intention to kill him gave garasa blow on the head of Sujit Kumar Srivastava, the
Patna High Court Cr.Misc. No.2600 of 2017 (2) dt.17-02-2017 2/3 brother of the informant, causing head injury and thereafter, both the injured were brought to Primary Health Centre, Chainpur from there they were referred to Sadar Hospital, Bhabhua. During, scuffle, Sanjeev Kumar Srivastava and Anup Kumar came with danda and assaulted Ajit Kumar Srivastava, the brother of the informant and further bite on his right cheek and tried to press his neck.
Submission is of false implication and there is a case and counter case. Both sides have received injuries. Now the matter has been compromised and both parties have filed compromise petition in the learned Court below, copy of which is annexed with supplementary affidavit and injuries found to be simple in nature and as such the petitioners deserve sympathetic consideration.
Learned A.P.P. submits that the matter has been compromised between the parties.
In the facts and circumstances as stated above, the petitioners are directed to 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 learned Additional Chief Judicial Magistrate- I, Kaimur at Bhabhua in connection with Chainpur P. S. Case No. 250 of 2016, subject to the conditions that one of the bailors must be a near relative and another having
Patna High Court Cr.Misc. No.2600 of 2017 (2) dt.17-02-2017 3/3 sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
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(Jitendra Mohan Sharma, J) Sudha/- U T