Patna High CourtCR. MISC./48808/2015partly allowed disposal

Durga Mukhiya And ORS v. The State Of Bihar

2015-11-09Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48808 of 2015 Arising Out of PS. Case No. -111 Year- 2015 Thana -PANDAUL District- MADHUBANI ======================================================

1. Durga Mukhiya, Son of Shri Ramji Mukhiya,

2. Yogi Mukhiya @ Yogendra Kumar Mukhiya, Son of Shri Jagdish Mukhiya,

3. Suman Sharma @ Suman Mukhiya @ Suman Kumar Mukhiya, Son of Sri Ganga Sharma, All are residents of village - Bhagwatipur, P.S. -Pandaul, District - Madhubani.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Uday Chand Pd. (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners and the State as well as informant.

The petitioners apprehend their arrest in a case under Sections 307, 323, 324, 341, 379 and 384 of the Indian Penal Code.

As per the informant, the petitioner no.1 gave order whereupon Raman Sharma and Lallan Sharma assaulted him with Farsa and Bhala.

The petitioners submit that there is a case and counter case and Raman Sharma, on his side also sustained injuries. Having regard to the facts and circumstances of the

Patna High Court Cr.Misc. No.48808 of 2015 (2) dt.09-11-2015 2 / 2 case, in the event of arrest or surrender before the court below within six weeks from today the petitioner nos. 2 and 3, namely, Yogi Mukhiya @ Yogendra Kumar Mukhiya and Suman Sharma @ Suman Mukhiya @ Suman Kumar Mukhiya, be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Pandaul P.S. Case no. 111 of 2015 (G.R. No. 1611 of 2015) subject to the conditions as laid down under Section 438 (2) Cr.P.C. The petitioner no.1, namely, Durga Mukhiya, is directed to surrender before the court below and pray for regular bail, which would be disposed of preferably on the same day without being prejudiced by this order.

With the aforesaid observation, the anticipatory bail application of petitioner no.1 is disposed of. (Samarendra Pratap Singh, J.) Uday/- U T