Monelal Mahto @ Munnelal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34508 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Monelal Mahto @ Munnelal Mahto son of Bhasai Mahto, resident of village- Bala, P.S.- Rosera, District- Samastipur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Mishra, Advocate.

For the Opposite Party : Mr. Navin Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-11-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

The informant named the petitioner and other accused persons and alleged that they all having armed with stick and iron rod came and assaulted the informant and others. The petitioner is alleged to have assaulted Ram Sakhi Devi, the sister-in-law (Bhabhi) of the informant on her head.

It is submitted that on account of partition of the property, the dispute arose. The petitioner is brother-in-law of Mahendra Mahto, the informant and he has also been implicated in the case although he has no manner of concern with the dispute.

Patna High Court Cr.Misc. No.34508 of 2015 (6) dt.10-11-2015 2/2 The injury found on the person of Ram Sakhi Devi is simple in nature.

Having considered the facts aforesaid and the fact that the petitioner is brother-in-law of the informant and he is alleged to have assaulted Ram Sakhi Devi with iron rod on her head, but one lacerated wound measuring 2cm x 1cm was found on forehead and the injury is opined to be simple in nature and also the fact that the occurrence took place due to partition, 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/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri A. Kumar, the learned Judicial Magistrate 1st Class, Rosera, Samastipur in Bibhutipur P.S. Case No. 87 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T