Patna High CourtCR. MISC./17145/2015disposed

Surendra Ray And ORS v. The State Of Bihar

2015-07-23Mr. Justice Dharnidhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17145 of 2015 Arising Out of PS.Case No. -271 Year- 2014 Thana -DARBHANGA District- DARBHANGA ======================================================

1. Surendra Ray Son of Late Shri Ray

2. Chandan Ray Son of Surendra Ray

3. Amar Ray @ Amar Kumar Son of Surendra Ray

4. Bhaskar Kumar @ Bhaskar Son of Ajay Thakur

5. Keshav Kumar @ Keshav Son of Binod Bhagat All are residents of Mohalla - Mishratola, P.S. - Town, District - Darbhanga.

6. Md. Sajid @ Md. Sazid Son of Syed Mouddin resident of Mohalla - Bajitpur Quilaghat, P.S. - Town, District - Darbhanga .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 23-07-2015 Heard.

Let the petitioners surrender and pray for regular bail before CJM, Darbhanga in connection with Darbhanga Town P.S. Case No. 271 of 2014. The learned CJM shall consider the individual allegations appearing against each of the petitioners and if he feels that the facts and circumstances of the case required production of the police record including the injury report or reports, then he shall admit the petitioners to bail provisionally fixing the date for the production of the case diary and injury reports by issuing a direction to the investigating officer of the above noted case. It shall be ensured by the CJM that the records

Patna High Court Cr.Misc. No.17145 of 2015 (2) dt.23-07-2015 are produced before him and if it does not happen, then he shall act against the police officer concerned under Section 349 Cr.P.C. In case of the records referred to above are produced before him then he shall consider the individual allegations of assault and find out as to whether there was corresponding injury and if the injury was corresponding to the allegations, then what was the nature thereof. If the injuries were simple in nature, then the court below shall confirm the bond of the petitioners.

With the above direction, the present petition stands disposed of.

(Dharnidhar Jha, J) B.Kr./- U T