Kalawati Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15744 of 2015 Arising Out of PS.Case No. -137 Year- 2014 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================

1. Kalawati Devi W/o Sheo Prasad Roy

2. Sheo Prasad Roy S/o Late Tukar Roy

3. Sheo Jee Roy S/o Late Tukar Roy All residents of Village - Banshghat, Masuriya, P.S. Mohammadpur, Distt - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh, Advocate For the Opposite Party/s : Mr. Md . Ansural Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-05-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code. It is alleged that when the She-buffalo of the informant went to the door of the petitioners, the son of the informant went to take back the She-buffalo, then petitioner nos. 2 and 3 caught hold the son of the informant and petitioner no. 1 assaulted him with garanshi.

It is submitted by the learned counsel for the petitioners that injury has been found to be simple in nature.

Patna High Court Cr.Misc. No.15744 of 2015 (2) dt.04-05-2015 Considering the fact that accusation of assault is not against petitioner nos. 2 and 3, let the above named petitioner nos. 2 and 3 be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Mohammadpur P.S. Case No. 137 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

So far as petitioner no.

is concerned, considering the fact that injury has been found to be simple in nature, let the learned court below consider the prayer for regular bail of the petitioner no.1, if the petitioner no. 1 surrenders before the learned court below within a period of six weeks from today in connection with Mohammadpur P.S. Case No. 137 of 2014, pending in the court of learned Chief Judicial Magistrate, Gopalganj.

(Dinesh Kumar Singh, J) P.K./- U T