Sakhichan Nonia @ Sakichan Nonia And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5766 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -BALRAMPUR District- KATIHAR ======================================================
1. Sakhichan Nonia @ Sakichan Nonia Son of late Radha Nonia
2. Amit Nonia Son of Sakhichan Nonia @ Sakichan Nonia Both resident of Village- Sighma, P.S. Balrampur, District- Katihar. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in connection with a case registered under Sections 147, 148, 149, 341, 323, 325, 307, 354, 504 and 506 of the Indian Penal Code.
Allegation is that the accused persons assaulted the informant and her son and the specific allegation against petitioner no.1 is of giving sickle blow over the head of the informant. The specific allegation against petitioner no.2 is of giving a farsa blow on the nose of the informant's son.
Submission is that there land dispute exists between both sides and there is a case and counter case. Injuries are also sustained by these petitioners and the injury sustained by
Patna High Court Cr.Misc. No.5766 of 2017 (3) dt.22-02-2017 2 / 2 the informant and her son are not by sickle as the injury report explicitly shows this fact and injury no.2 is also not grievous. The doctor has opined it as 'may be grievous' and there is no such kind of injury in law.
Having considered the aforesaid facts and circumstances, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners, namely, Sakhichan Nonia @ Sakichan Nonia and Amit Nonia be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Katihar in connection with Balrampur P.S. Case No.145 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Arun Kumar, J.) S.Kumar/- U T