Patna High CourtCR. MISC./41152/2016bail granted

Bijal Harijan And ORS v. The State Of Bihar

2016-10-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41152 of 2016 Arising Out of PS.Case No. -152 Year- 2016 Thana -RAJAUN District- BANKA ======================================================

1. Bijal Harijan son of Late Bhutki Harijan

2. Diwakar Harijan

3. Pankaj Harijan Both sons of Gujal Harijan

4. Sunita Devi wife of Diwakar Harijan All residents of Village - Punsiya Bandh, Police Station - Rajoun, District - Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyama Nand Thakur For the Opposite Party/s : Mr. Gopesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-10-2016 Heard both sides.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 308, 379 and other allied sections of the Indian Penal Code. The informant alleged that a verbal altercation took place between the children of both the families. On protest, the petitioners began to abuse the informant. Accused Diwakar Harijan assaulted with lathi on the head of the informant. When the husband of the informant came to save the informant, all the accused persons assaulted him also.

Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.41152 of 2016 (3) dt.22-10-2016 some scuffle took place between the two sides. There is no injury either on the person of the informant or on any of the injured. Considering the facts and circumstances of the case and also the fact that no injury was found on the person of the informant and her family members, the petitioners above named, in the event of arrest or surrender in the court below within four weeks from the date of receipt/communication of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajaun P.S. Case no. 152 of 2016 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Prabhat Kumar Jha, J) Amin/- U