Chomni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42333 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

CHOMNI DEVI, Female, Aged about 50 years, Wife of Kailash Mandal 2.

Kailash Mandal, Male, Aged about 55 years, Son of Late Rameshwar Mandal 3.

Pappu Mandal, Male, Aged about 30 years, Son of Kailash Mandal 4.

Bhokli Devi, Female, Aged about 38 years, 2nd wife of Kailash Mandal 5.

Munna Mandal, Male, Aged about 26 years, Son of Kailash Mandal All are residents of Village - Nawada, P.S.- Naugachia, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2019 Heard both sides.

The petitioners apprehend their arrest in Naugachia P.S. Case No.49 of 2019 registered under Section 307 and other Sections of the Indian Penal Code.

The informant, Upendra Thakur alleged that on account of land dispute, his neighbour Kailash Mandal and others came and began to abuse him. When the informant forbid, the petitioners assaulted the informant, his nephew, Shankar Thakur and Bipin Thakur and his son, Amit Kumar Thakur.

The learned counsel for the petitioners submits that there is a counter version being Naugachia P.S. Case No.50 of

Patna High Court CR. MISC. No.42333 of 2019(2) dt.09-07-2019 2/2 2019. On account of land dispute, both sides entered into mutual assault on each other but the informant and his nephews and son got one injury each which are simple in nature(Annexure 3 series). The petitioner's side also received injuries on account of assault made by the informant and his man.

Taking into consideration the facts aforesaid and the fact that both sides entered into mutual assault on each other on account of land dispute and on account of such assault said to have been made by the petitioners, the nephews and son of the informant got one injury which is simple in nature, let the petitioners, above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Naugachia in connection with Naugachia P.S. Case No.49 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T