Raj Kumar Mehta And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44846 of 2016 Arising Out of PS.Case No. -372 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Raj Kumar Mehta
2. Ram Kumar Mehta Both son of Mohan Mehta Resident of VillageHaripur Ward No. 12, P.S.-Forbesganj, District- Araria .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-10-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Sections 147, 341, 323, 325, 307, 379, 504, 506 and 326 of the Indian Penal Code.
Petitioner no.2 is said to have given spade blow causing head injury to injured Shanti Devi and it is also alleged that petitioners and other accused assaulted the injured persons of this case by means of lathi, spade and other weapons. The occurrence is said to have taken place on account of a petty dispute. Moreover, Babita Devi, the wife of petitioner no.2 also lodged counter case, i.e. Forbesganj P.S. Case No.374 of 2016
Patna High Court Cr.Misc. No.44846 of 2016 (4) dt.28-10-2016 2/2 against the prosecution party. The injury report of injured Sahnti Devi goes to show that she sustained altogether three injuries and two injuries, i.e., on her shoulder as well as hands were found grievous in nature. So far as the injury sustained by Shanti Devi on her head is concerned, the same appears to be simple in nature. No doubt, several persons sustained injury in the alleged occurrence and some injured sustained grievous injury but petitioners appear to be agnates of the informant and it is obvious from the materials available on the record that the persons from the side of the petitioners, too, sustained injury in the alleged occurrence.
Considering the aforesaid facts and circumstances as well as period of detention of the petitioners in jail custody, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Araria in connection with Forbesganj P.S. Case No.372 of 2016. (Hemant Kumar Srivastava, J) N.H./- U T