Munna Pal @ Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44739 of 2022 Arising Out of PS. Case No.-431 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
Munna Pal @ Subodh Kumar Son Of Late Bhikhari Raut @ Late Bhikhari Prasad R/O Village- Mahanwa, Ward No. 11, P.S.- Majhauliya, DistrictWest Champaran 2.
Narendra Thakur @ Narendra Kishore Thakur Son Of Late Paras Thakur R/O Village- Mahanwa, Ward No. 11, P.S.- Majhauliya, District- West Champaran 3.
Awadhesh Prasad @ Awadhesh Rao Sonof Late Kari Prasad @ Late Kari Raut R/O Village- Mahanwa, Ward No. 11, P.S.- Majhauliya, District- West Champaran 4.
Bholu @ Navneet Kumar @ Bholu Pal Son Of Late Ramesh Pal @ Ramesh Prasad R/O Village- Mahanwa, Ward No. 11, P.S.- Majhauliya, DistrictWest Champaran 5.
Chhotu Pal @ Rishabh Raj Sonof Late Ramesh Pal @ Ramesh Prasad R/O Village- Mahanwa, Ward No. 11, P.S.- Majhauliya, District- West Champaran 6.
Jitendra Pal @ Jitendra Kumar S/O Awadhesh Prasad R/O VillageMahanwa, Ward No. 11, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379, 323 and other allied sections of the Indian Penal Code. As per the prosecution case, while the informant was at her door, all the FIR named accused persons including petitioners assaulted her. Petitioner nos. 4 and 5 assaulted her on
Patna High Court CR. MISC. No.44739 of 2022(2) dt.05-12-2022 2/2 her abdomen and petitioner no. 6 snatched her Mangalsutra. It is submitted that both parties are co-villagers and there was land dispute between the parties due to which simple altercation took place between the parties. There is case and counter case. Both sides sustained injuries. The police after investigation submitted final form finding the case false, but differing with the same learned court below took cognizance under Sections 323, 379, 354, 504 of the IPC. Moreover, FIR has been lodged after delay of four days.
Counsel for informant vehemently opposed the prayer for bail.
Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 431 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T