Murli Purbe And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.55128 of 2015 (2) dt.11-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55128 of 2015 Arising Out of PS.Case No. -149 Year- 2015 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Murli Purbe Son of Late Shivshankar Purbe

2. Sudhir Purbe Son of Late Shivshankar Purbe

3. Ramesh Yadav Son of Late Raghunandan Yadav

4. Santosh Poddar son of Shri Vishwanath Poddar

5. Phool Chand Das son of Late Brahamdeo Das, All are residents of village- Babhangama, P.S. Bihariganj, District- Madhepura .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bihariganj P.S. Case No. 149 of 2015 registered under Section 147, 148, 149, 447, 341, 323, 324, 307, 380, 506, 354(B) of the Indian Penal Code.

The allegation of informant Md. Sajjad @ Md.

Sahjad is that petitioner Murli Purbe and Julli Kumari were carrying fire wood from the door of the informant, when his father Md. Fijul and informant's aunt Gulsan made protest then both started to scuffle. In the meantime, petitioner Murli Purbe assaulted through iron rod to the father of the informant and petitioners, Sudhir Purbe, Santosh Poddar and Phool Chand Das assaulted the aunt of the informant, Bibi Gulshan Khatoon with

Patna High Court Cr.Misc. No.55128 of 2015 (2) dt.11-12-2015 slaps and further, Julli Kumari assaulted the wife of the informant Jubeda Khatoon and she was also dragged to house where she was also assaulted through bricks on her head.

Learned counsel appearing on behalf of the petitioners submits that in fact, hot talks were exchanged due to land dispute and carrying of fire wood, in which the defence party also sustained injury regarding which Bihariganj P.S. Case No. 150 of 2015 is instituted on the basis of information of Julli Kumari under Sections 147, 148, 149, 447, 341, 323, 324, 307, 379, 380, 344(B)/504 of the I.P.C. Moreover, the injuries, found on the persons of the injured, are found simple in nature. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the J.M., 1st Class, Udakishanganj (Madhepura) in connection with Bihariganj P.S. Case No. 149 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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