Bharat Mistri @ Bharat Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23888 of 2015 Arising Out of PS.Case No. -250 Year- 2014 Thana -BARACHATTI District- GAYA ======================================================

1. Bharat Mistri @ Bharat Kumar Son of Sri Lakhan Mistri

2. Lakhan Mistri Son of Late Somar Mistri

3. Binod Mistri Son of Late Karu Mistri

4. Santosh Mistri Son of Late Karu Mistri

5. Saroj Devi @ Meena Devi Wife of Binod Mistri

6. Rubi Devi Wife of Santosh Mistri

7. Gangotri Devi Wife of Kapil Mistri All are residents of Village - Dumari, Police Station - Mohanpur in the district of Gaya. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sunil Kumar For the Opposite Party : Mr. Bharat Lal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-06-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 307, 323, 337, 341, 447, 504, 34 of the Indian Penal Code. It is specifically alleged that co-accused Mahendra Mistry assaulted the informant whereas Kapil Mistry assaulted the wife of the informant and when son of the informant came to rescue then all the accused persons including the petitioners made assault.

It is submitted by learned counsel for the petitioners that accusation of assaulting the informant who received grievous injury is against Mahendra Mistry who is not

Patna High Court Cr.Misc. No.23888 of 2015 (2) dt.29-06-2015 2/2 petitioner before this Court whereas the injury of the son of the informant has been found to be swelling and tenderness on the right forearm and tenderness on the wrist. Though accusation against the petitioners is omnibus and general. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 250 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T