← Library
Patna High CourtCR. MISC./26723/2016bail granted

Kedar Mahto @ Kedar Prasad And ANR v. The State Of Bihar

2016-09-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26723 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Kedar Mahto @ Kedar Prasad, son of Maltu Mahto

2. Jitendra Kumar, son of Kedar Mahto Both Resident of Village - Akbalganj, P.S. Rahui, Distt. Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar, Advocate. For the Opposite Party/s : Mr. Mustaque Alam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-09-2016 Heard both sides.

The petitioners, namely, Kedar Mahto @ Kedar Prasad and Jitendra Kumar, apprehend their arrest in Rahui P.S. Case No. 27 of 2016 (G.R. No. 228 of 2016) registered under Sections 341, 323, 308, 337, 379, 504, 34 of the Indian Penal Code.

The informant alleged that while she was sitting in her house, the petitioners and Lata Devi (wife of petitioner no. 2) came and assaulted the informant with sticks, bricks and iron rod. The informant got bleeding injury on her cheek and also got injuries on her right hand. When the son of the informant came to save her, he was also assaulted. Jitendra Kumar took Rs. 10,000/- from the house of the informant. It is submitted that the petitioners

Patna High Court Cr.Misc. No.26723 of 2016 (3) dt.01-09-2016 2/2 are neighbours of the informant. Some altercation took place due to taking of water from a tube-well. The informant in his further statement disclosed that quarrel took place due to taking of water from the tube-well. The injuries found on the person of the informant and her sons are simple in nature.

Having considered the facts that the petitioners are neighbours of the informant and some altercation took place due to taking of water from the tube-well and the injuries are simple in nature, the above named petitioners, 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda in Rahui P.S. Case No. 27/2016, arising out of G.R. No. 228/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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