Kheli Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5454 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -LAUKHI District- MADHUBANI ======================================================
1. Kheli Mandal, S/o Late Shiv Narayan Mandal.
2. Sri Chandra Mandal @ Shib Chandra Mandal.
3. Bhageshwar Mandal.
Both sons (2 and 3) of Kheli Mandal.
All R/o Village-Thadhi, P.S.-Laukahi, District-Madhubani. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 07-02-2017 Heard both sides.
The petitioners have filed this application for grant of anticipatory bail in connection with Laukahi P.S. Case No. 73 of 2016 (G.R. No. 790/2016) instituted for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.
The informant has alleged that while he was cleaning his garden, all the petitioners came and assaulted him and his family members.
Learned counsel for the petitioners submitted that it was the informant and his family members who assaulted the petitioners and his family members for which a counter case was also filed. The injuries allegedly sustained by the informant and
Patna High Court Cr.Misc. No.5454 of 2017 (2) dt.07-02-2017 2/2 his family members are simple in nature, so they deserve anticipatory bail.
Learned APP, on the other hand opposed the prayer. From injuries reports on record, it appears that both parties indulged in scuffle for which there is case and counter case. From the side of the informant as many as five persons sustained injuries and from the petitioners side three persons sustained injuries. In both the cases, I find that the injuries sustained by parties are simple in nature. There is also a land dispute between the parties.
Considering the above facts and circumstances, let the petitioners above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of J.M., 1st Class, Jhanjharpur, DistrictMadhubani in Laukahi P.S. Case No. 73 of 2016 subject to the condition as laid down under Section 438(2), the code of Criminal Procedure.
(Sanjay Kumar, J) rohit/- U T