Satesh Dubey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54494 of 2017 Arising Out of PS.Case No. -257 Year- 2016 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================

1. Satesh Dubey.

2. Mukesh Dubey.

Both are Sons of Late Suresh Dubey, Resident of Village- Khuthan, P.S. - Nasariganj, District- Rohtas.

.... .... Petitioners.

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 --------- 16-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nasariganj P.S. Case No.257 of 2016 registered under Sections 341, 323, 307, 354, 504, 506 and 447/34 of the Indian Penal Code. The accusation is that on 21.12.2016, when the son of the informant was going to purchase the meat, in the way, both the petitioners surrounded the son of the informant and started to cause assault to him through lathi and farsa, as a result of which the blood started oozing out from his head. When Meena Devi, Lilawati Kumari and Anti Devi, the wife and daughters of the

Patna High Court Cr.Misc. No.54494 of 2017 (2) dt.16-11-2017 2/3 informant, rushed to save the son of the informant, the petitioner no.1 pushed the wife of the informant on the ground causing injury on her hand. The petitioner no.1 also pushed Lilawati Kumari, the daughter of the informant, by catching her hair on the ground and caused cut injury on her right hand through lathi. The petitioner no.2 pushed Anti Devi on the ground by catching her hair causing injury on her right hand.

Learned counsel for the petitioners submits that, in fact, due to some dispute, the occurrence of "Maar-Peet" took place in between the parties in which the petitioners' side also sustained injury regarding which on the basis of the written report of the petitioner no.1, Nasariganj P.S. Case No.258 of 2016 was also instituted against the informant and others. Moreover, the injuries, as found on the persons of the son, wife and daughters of the informant, are simple in nature.

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 Sri Lal Bihari Paswan, Judicial Magistrate, First Class, Bikramganj (Rohtas), in connection with Nasariganj P.S.

Patna High Court Cr.Misc. No.54494 of 2017 (2) dt.16-11-2017 3/3 Case No.257 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

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