Radhe Mishra @ Vinod Kumar Mishra And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45551 of 2016 Arising Out of PS.Case No. -184 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================
1. Radhe Mishra @ Vinod Kumar Mishra, s/o late Ram Yatan Mishra
2. Ravi Shankar Mishra, s/o Radhe Mishra @ Vinode Kr. Mishra
3. Deepak Mishra @ Deepak Kumar, s/o Radhe Mishra @ Vinode Kr. Mishra
4. Sri Ram Mishra, s/o Late Ram Yatan Mishra All residents of vill-Kalyanpur South tola Saraiya, PS- Bibhutipur, DistSamastipur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Jitendra Narain Sinha, Advocate For the Opposite Party : Mr. Sri Dilip Kr. Roy, Advocate For the State : Mr. Ram Naresh Rai (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners, learned A.P.P. for State and also counsel for the informant. The petitioners pray for anticipatory bail in connection with Bibhutipur P.S. case no. 184 of 2016 registered for the offences punishable under Sections 341, 323, 324, 354, 379, 504/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that there is a case and counter case between the parties and the allegation of assault is against all the petitioners. It is also submitted that the injury report clearly show that all the injuries are found to be simple except the injury received by Murari
Patna High Court Cr.Misc. No.45551 of 2016 (2) dt.16-12-2016 2/2 Mishra and for that, opinion was reserved by the doctor. Heard learned A.P.P. and counsel for the informant also. Learned counsel for the informant has pointed out that opinion about the injury of Murari Mishra has been kept reserved. It is also submitted that they had attempted to kill the son of the informant.
Having heard both sides and in view of the facts and circumstances of the case, let the petitioners abovenamed be surrender before the court below within a period of four weeks, make prayer for regular bail and the court below, after considering the aspect that there is case and counter case between the parties as well as all the injuries are alleged to be simple except that of Murari Mishra about which opinion was reserved and after verifying the injury report, dispose of the application for bail on the same day.
(Vinod Kumar Sinha, J.) rinkee/- U T