Lochan Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40164 of 2019 Arising Out of PS. Case No.-77 Year-2018 Thana- KISHUNPUR District- Supaul ====================================================== LOCHAN MUKHIYA, aged about 35 years(Male) Son of Gurkun Mukhiya Resident of Village - Saraygarh, P.S.- Kishanpur, Dist.- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Choudhary For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2019 Heard both sides.
The petitioner apprehends his arrest in Kishanpur P.S. Case No.77 of 2018 registered under Sections 341, 323, 324, 325, 447, 379, 504, 506/34, 354(B) of the Indian Penal Code. The informant named the petitioner and two others and alleged that the accused persons were forcibly flowing water to his land. When the informant forbid the accused persons, they began to abuse and assaulted the informant and his father. They also took away different articles. Petitioner is alleged that he pulled the sari of the wife of the informant making her semi naked.
The learned counsel for the petitioner submits that there is a counter version being Kishanpur P.S. Case No.76 of 2018. On account of land dispute, both the sides picked up
Patna High Court CR. MISC. No.40164 of 2019(2) dt.01-07-2019 2/2 quarrel and assaulted each other.
Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that there is a case and counter case on which both sides made allegation on each other and humiliating the ladies members of their family, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No.77 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T