Parmeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21627 of 2019 Arising Out of PS. Case No.-60 Year-2018 Thana- LAUKAHI District- Madhubani ====================================================== 1.

PARMESHWAR YADAV, Son of Late Dawarika Prasad Yadav Resident of Village - Dhawahi, P.S.- Laukahi, District- Madhubani 2.

Tiliya Devi, Wife of Parmeshwar Yadav Resident of Village - Dhawahi, P.S.- Laukahi, District- Madhubani 3.

Jibachhi Devi @ Kiran Bharti @ Kiran Devi, Wife of Santosh Yadav Resident of Village - Dhawahi, P.S.- Laukahi, District- Madhubani ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2019 Petitioners seek bail in anticipation of their arrest in connection with Laukahi P.S. Case No. 60 of 2018 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

Allegation as per FIR against the petitioners is that petitioner No.1 is order-giver, petitioner No.2 assaulted father of informant by rod and petitioner No.3 is named in the FIR and petitioner Nos. 2 and 3 are ladies.

Submission of learned counsel for the petitioners is that there is case and counter case between the parties and injuries are simple in nature. However, though impugned order shows that the injury is grievous in nature but case diary clearly shows that the

Patna High Court CR. MISC. No.21627 of 2019(2) dt.10-05-2019 2/2 injury is simple in nature.

Heard learned APP also.

In view of above facts and circumstances, let petitioner No.2 surrender in the court below and the court below shall verify the nature of injury on the father of informant from the case diary and it it is found that the injury is simple in nature, he shall be released on bail by the court below to its own satisfaction. So far petitioner Nos. 1 and 3 are concerned, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jhanjharpur, in connection with Laukahi P.S.Case No. 60 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T