Hari Lal Mahto And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.5903 of 2017 (2) dt.27-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5903 of 2017 Arising Out of PS.Case No. -216 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Hari Lal Mahto, S/o Ram Ji Mahto, Resident of Village - Bishunpur P.S. Muffasil, Distt. Samastipur.

2. Usha Devi, w/o Hari Lal Mahto, Resident of Village - Bishunpur, P.S. - Muffasil, Distt. - Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar No-1, Advocate. For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Samastipur (M) P.S. Case No. 216 of 2016, registered under Sections 341, 323, 307, 379, 427 and 504/34 of the Indian Penal Code.

The accusation is that four persons named in the F.I.R. including petitioner no. 1 came at the door of the informant armed with lathi and knife and caused injury to Runa Devi, wife of the informant. At that time, petitioner no. 1 also caused injury through iron rod at the head of Runna Devi, wife of the informant.

Patna High Court Cr.Misc. No.5903 of 2017 (2) dt.27-03-2017 Learned counsel for the petitioner submits that petitioner no. 2 is not named in the F.I.R. but in course of investigation, her named has surfaced in the present case as she is the wife of petitioner no. 1. Further submission is that there is general and omnibus allegation against petitioner no. 1 and others to cause injury to the wife of the informant and his family members but only one injury was found at the head of Runa Devi, which is simple in nature caused by hard and blunt substance. 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 six 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 Chief Judicial Magistrate, Samastipur, in connection with Samastipur (M) P.S. Case No. 216 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T