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Patna High CourtCR. MISC./51410/2017bail granted

Raju Sao And ORS v. The State Of Bihar

2017-11-02Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51410 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -CHANAN District- LAKHISARAI ======================================================

1. Raju Sao.

2. Pawan Sao @ Karu Sao.

3. Govind Kumar @ Govind Saw.

All 1 to 3 are sons of Lukhar Sao.

4. Saraswati Devi, W/o Lukhar Sao.

All 1 to 4 are R/o Village- Maliya, P.S.- Chanan, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 02-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Chanan P.S. Case No.67 of 2017 registered under Sections 147, 341, 324, 379, 307 and 323 of the Indian Penal Code. The accusation is that 11 persons, named in the F.I.R., including the petitioners started to cause assault to the father and mother of the informant through lathi and Khanti. At that time, Gautam Kumar caused injury at the forehead of the father of the informant through Khanti. When the informant and his mother went to save him, all assaulted to them through lathi and Khanti. In that course, the

Patna High Court Cr.Misc. No.51410 of 2017 (2) dt.02-11-2017 2/2 petitioner no.1 Raju Sao snatched the gold ear ring of the mother of the informant and Mithun Sao took Rs.5000/- from the pocket of the father of the informant and his wrist watch. The petitioner no.4 Saraswati Devi committed "Maar-Peet" with the mother and the wife of the informant.

Learned counsel appearing on behalf of the petitioners submits that due to land dispute, the occurrence of "Maar-Peet" took place in between the parties in which the petitioners' side also sustained injury regarding which Complaint Case No.338C of 2017 was filed by Gautam Kumar Sao in the court of the Chief Judicial Magistrate, Lakhisarai, against the informant of the present case and others. Moreover, the injury, as found on the person of the informant, his father and mother, is simple in nature. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Lakhisarai, in connection with Chanan P.S. Case No.67 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T