Nawlesh Pandey And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1893 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -BARHAT District- JAMUI ======================================================
1. Nawlesh Pandey, Son of Shanti Sharan Pandey,
2. Mukesh Pandey, Son of Shanti Sharan Pandey, Both are Resident of Village-Guguldih, P.S. Barhat, District-Jamui. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioners, learned counsel appearing on behalf of the informant and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Barhat P.S. Case no. 07 of 2016, registered under Sections 341, 323, 448, 324, 504 & 427/34 of the Indian Penal Code. The accusation is that 8 persons named in the F.I.R., including the petitioners, variously armed with weapon reached at the door of the informant and started to abuse him saying that why the ransom amount of Rs. 50,000/- has not been paid. At that time, on the order of petitioner No.1, Mukesh Pandey, petitioner No.2, gave farsa blow on the head of the informant, Mithlesh Pandey caused injury to him through iron rod at his right leg and thigh, whereas Ugesh Pandey, Sanjeev Pandey, Neeraj Pandey, Monu and Shanti
Patna High Court Cr.Misc. No.1893 of 2017 (2) dt.28-01-2017 2/2 Pandey also caused injury to him.
Learned counsel for the petitioners submits that, in fact, the informant of the present case has taken the iron rod and cement worth of Rs. 54,000/- on credit from the petitioners and when the petitioners made demand of the said money, the occurrence of Marpit took place regarding which Barhat P.S. Case No. 06 of 2016, under Sections 341, 323, 448, 427 and 504/34 I.P.C. was instituted on the basis of the written report of the co-accused Shanti Sharan Pandey. Further submission is that the injury caused to the informant is simple in nature.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Jamui in connection with Barhat P.S. Case No. 07 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T