Raju Kumar @ Baigan Gope And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8470 of 2016 Arising Out of PS.Case No. -358 Year- 2015 Thana -MANER District- PATNA ======================================================
1. Raju Kumar @ Baigan Gope, Son of Shyam Babu Rai
2. Om Prakash, Son of Late Mahesh Rai
3. Babua, Son of Late Mahesh Rai
4. Mukesh Kumar, Son of Late Uma Rai, All residents of Village - Byapur, P.S. Maner, District - Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Indu Bhushan, Advocate. For the Opposite Party/s : Mr. Amrendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-08-2016 Heard both sides.
The petitioners, namely, Raju Kumar @ Baigan Gope, Om Prakash, Babua and Mukesh Kumar, apprehend their arrest in Maner P.S. Case No. 358/2015 registered under Section 307 and other sections of the Indian Penal Code. The informant made omnibus and general allegation against all the named accused, seven in number, that they all came to the house of the informant, hurled abusive language against the family members of the informant and assaulted the informant. The accused persons also snatched ornaments. It is submitted that there is a case and counter-case. Sunil Kumar Rai lodged Maner P.S. Case No. 357/2015 against Suresh Prasad @ Nanki Sao and others and the informant Suresh Prasad in order to save his own skin
Patna High Court Cr.Misc. No.8470 of 2016 (3) dt.03-08-2016 2/2 lodged the present case on the next date of occurrence. It is further submitted that there is no specific allegation against the petitioners. The informant got one injury on his head, medical opinion of which was kept reserved for X-ray, but till date X-ray report has not been provided and the doctor did not give any opinion about the nature of the injury sustained by the informant.
Considering the facts that there is omnibus and general allegation of assault against the petitioners and the informant got only one injury, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four 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 Sri A.K. Thakur, Judicial Magistrate 1st Class, Danapur in Maner P.S. Case No. 358/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.