Patna High CourtCR. MISC./36550/2016bail granted

Nitish Kumar And ORS v. The State Of Bihar

2016-09-16Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36550 of 2016 Arising Out of PS.Case No. -88 Year- 2016 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Nitish Kumar son of Yogendra Rai

2. Yogendra Rai Son of Late Gagandeo Rai

3. Nitesh Kumar Son of Yogendra Rai All resident of village- Nimahi P.S. Bajpatthi Distt.Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bajpathi P.S. Case No. 88 of 2016 registered under Sections 341, 323, 342, 307 and 504/34 of the I.P.C.

The accusation is that petitioners along with Mohini Devi came at the house of the informant Yugal Kumar and taken away his niece Sanju Kumari. When the informant reached there on raising alarm by his niece, then petitioner no.1 caused injury through Garasa on his head. In the meantime, father of the informant Nirash Rai rushed to save him, he was also assaulted by lathi. Thereafter, Chandrika Devi, sister-in-law of the informant

Patna High Court Cr.Misc. No.36550 of 2016 (2) dt.16-09-2016 2/2 rushed to save him, she was also assaulted by petitioner Yogendra Rai.

Learned counsel appearing on behalf of the petitioners submits that while there is specific allegation against the petitioner no.2 to give farsa blow at the head of the informant, but five injuries as found on the persons of informant are simple in nature caused by hard and blunt substance.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of his arrest or surrender by him within six weeks, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Pupri at Sitamarhi in connection with Bajpatti P.S. Case No. 88 of 2016, subject to the conditions laid down under Section 438(2) Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T