Mahesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49742 of 2014 Arising Out of PS.Case No. -92 Year- 2014 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Mahesh Kumar.

2. Ram Ratan Mahto, Both are sons of Late Khilwan Mahto, Resident of Village - Chapra Megh, P.S. - Mushari, District- Muzaffarpur .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners :

Shri Pravin Kumar, Advocate For the Opp. Party :

Shri Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 02-07-2015 Heard.

Allegations of course appear against the two petitioners of giving blows with farsa to the informant but reading of the First Information Report also indicates the possibility that the two petitioners had assaulted his son Keshav Kumar also. The injury report of Keshav Kumar and the final opinion of the doctor on it indicates that there was a linear fracture in the scalp bone. Case being under Section 307 etc. Indian Penal Code, let the petitioners surrender and pray for regular bail as this Court is not inclined to direct their release on bail under Section 438 Cr.P.C. The court below shall consider the absence of specific allegations against the petitioners in giving blows to Keshav Kumar and without being prejudiced by the orders passed by the learned

Patna High Court Cr.Misc. No.49742 of 2014 (3) dt.02-07-2015 2 / 2 Sessions Judge, Muzaffarpur and the Court shall consider the prayer for regular bail of the petitioners.

With the above observations, the petition stands disposed of.

(Dharnidhar Jha, J.) Sanjay/- U T