Ajay Mukhiya And Another v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40738 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- SINGHIYA District- Samastipur ====================================================== 1.

AJAY MUKHIYA S/o Rajendra Mukhiya, Resident of Vill.- Phulhara, P.S.- Singhia, Distt.- Samastipur.

2.

Rajo Devi W/o Rajendra Mukhiya Resident of Vill.- Phulhara, P.S.- Singhia, Distt.- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-01-2022 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State through video conferencing.

The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

The petitioners apprehend their arrest in connection with Singhia P.S. Case No. 113 of 2019 registered for offence punishable under sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

As per allegation, the co-accused Rajendra Mukhiya inflicted Farsa blow on the head of the informant and the

Patna High Court CR. MISC. No.40738 of 2020(3) dt.24-01-2022 2/3 present petitioner no. 1 inflicted spade blow on his back and there is a general allegation on the present petitioner no. 2, Rajo Devi. Amerika Devi and petitioner no. 1 they also assaulted the brother of the informant.

The learned counsel for the petitioners has submitted that there is case and counter case. The order of learned Additional Sessions Judge-I, Samastipur shows that C.R. No.588 of 2019 has been filed by the co-accused Rajendra Mukhiya against the present informant. He has also stated that both the sides have sustained injuries.

The injury report of the informant has been incorporated in paragraph nos. 15 and 16 of the case diary, which shows that the injuries sustained by him are simple in nature caused by hard and blunt substance.

Considering the above mentioned facts and circumstances, the petitioners above named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Rosera (Samastipur) in connection with Singhia P.S. Case No. 113 of 2019, subject to condition as laid down under section

Patna High Court CR. MISC. No.40738 of 2020(3) dt.24-01-2022 3/3 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T