Mokhtar Rai And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34531 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -AMNAUR District- SARAN ======================================================
1. Mokhtar Rai
2. Ramesh Rai
3. Saheb Rai all sons of Sheo Pujan Rai, Resident of village- Gosha Khap, P.S. Amnour, District- Saran at Chapra .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Narendra Kumar, Advocate For the Opposite Party/s : Mr. Suman Kri Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-08-2015 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, 324, 307, 380, 504/34 of the Indian Penal Code.
It is alleged that the petitioners assaulted the wife of the informant with a piece of bamboo and dab (a sharp cutting weapon). When the informant came to rescue, then he was also assaulted by co-accused Sheo Pujan Rai.
It is submitted by the learned counsel for the petitioners that the petitioners are the step-brother of the informant. The injury report of the informant suggests three
Patna High Court Cr.Misc. No.34531 of 2015 (2) dt.25-08-2015 lacerated injury on marginal size simple in nature. Though the informant alleged to have been assaulted by co-accused Sheo Pujan Rai, the petitioners alleged to have assaulted the wife of the informant but she has received only one injury of marginal size, simple in nature. In the background of land dispute the accusation has been levelled. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the accusation not being corroborated by the medical evidence, let the above named petitioners 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, Saran at Chapra in connection with Amnour P.S. Case No. 62 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T