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Patna High CourtCR. MISC./54852/2017bail granted

Munna Pandit v. The State Of Bihar

2017-11-21Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54852 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -LAXMIPUR District- JAMUI ====================================================== Munna Pandit, S/o Parmeshwar Pandit, Resident of Village- Banadih, P.S.- Gidhaur, District- Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 21-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Laxmipur (Gidhaur) P.S. Case No.91 of 2017 registered under Sections 341, 323, 324, 307, 506 and 504/34 of the Indian Penal Code.

The accusation is that on 22.05.2017 at about 05.00 A.M. in the morning, Manju Devi and Rinku Kumari, the wife and daughter of the informant Aklu Pandit had gone to attend the call of nature. At that time, this petitioner started pelting stones upon them. On alarm being raised by his wife Manju Devi and daughter Rinku Kumari, when the informant went there, this petitioner

Patna High Court Cr.Misc. No.54852 of 2017 (2) dt.21-11-2017 2/3 alongwith Gopal Pandit and Parmeshwar Pandit started pelting bricks upon them . In that course, this petitioner caused injury at the head of Manju Devi, the wife of the informant, through lathi. When Rinku Kumari, the daughter of the informant, rushed to save her mother, this petitioner also caused injury at her head through lathi. The informant was also assaulted by Parmeshwar Pandit through "Sabal".

Learned counsel for the petitioner submits that, in fact, due to land dispute, the occurrence of "Maar-Peet" took place in between the parties in which the petitioner's side also sustained injury regarding which on the basis of the written report of the petitioner, Laxmipur (Gidhaur) P.S. Case No.90 of 2017 was instituted against the informant and one another. Moreover, the injuries, as found on the person of Manju Devi and Rinku Kumari, the wife and daughter of the informant respectively, are simple in nature.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Jamui, in connection with

Patna High Court Cr.Misc. No.54852 of 2017 (2) dt.21-11-2017 3/3 Laxmipur (Gidhaur) P.S. Case No.91 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T