Lukhkha Baitha @ Lukha Baitha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28559 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -PASRAHA District- KHAGARIA ======================================================

1. Lukhkha Baitha @ Lukha Baitha son of Biko Baitha @ Siko Baitha

2. Kismat Baitha @ Md. Kismat son of Lukha Baitha @ Lukhkha Baitha

3. Tamij Baitha son of Munna Baitha

4. Nabisa Khatun wife of Lukha Baitha @ Lukhkha Baitha All residents of Village - Deotha, Police Station - Pasraha, District - Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-08-2017 Heard both sides.

The petitioners apprehend their arrest in Pasraha P.S. case No. 147 of 2016 under Section 307 and other Sections of the Indian Penal Code.

The informant got information that Lukhkha Baitha had some scuffle with his father. The informant came and tried to pacify the matter but Munna Baitha assaulted the informant with iron rod on his head. Gadda Baitha assaulted his brother, Sakim Baitha, on his head with Lathi and his brother also got bleeding injury on his head. When the father of informant raised alarm, the petitioners are said to have assaulted the father of informant and other persons, namely, Chunni Baitha and Mofil Baitha. The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.28559 of 2017 (3) dt.19-08-2017 2/2 Munna Baitha and Gadda Baitha are alleged to have assaulted the informant and his brother with iron rod and Lathi on their heads but Munna Baitha and Gadda Baitha are not petitioners in this case. The petitioners are alleged to have assaulted the father of informant, Chunni Baitha and Mofil Baitha but they received simple injuries and the case has been compromised. Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Pasraha P.S. case No. 147 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T