Dharo Mandal @ Dharamveer Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59420 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -PASRAHA District- KHAGARIA ======================================================

1. Dharo Mandal @ Dharamveer Kumar son of Sulendra Mandal.

2. Sulendra Mandal @ Surendra Singh, son of Late Laturan Singh. Both are residents of Village- Barmasiya, P.S.- Pasraha, DistrictKhagaria. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Pasraha P. S. Case No. 97 of 2017 registered under Sections 341, 323, 308, 427 and 504/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that on account of grazing the field of the informant by the cattle of the petitioner, an altercation took place and in the scuffle, the informant sustained simple and superficial injuries, which by no stretch of imagination can be said to attract the ingredients of the offence punishable under Section 308 of the Indian Penal Code.

Patna High Court Cr.Misc. No.59420 of 2017 (2) dt.14-12-2017 2/2 Learned Additional Public Prosecutor for the State conceded that the informant had sustained lacerated wound measuring 1 1⁄2" x 1/10" on the left side of scalp and had complained pain over whole body and the injuries were found simple by the doctor, who examined him.

Having regard to the nature of allegation and the submissions made above, the petitioners named above are directed to be released 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 learned Chief Judicial Magistrate, Khagaria in Pasraha P. S. Case No. 97 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T