Mishraj Mochi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.56934 of 2017 (2) dt.08-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56934 of 2017 Arising Out of PS.Case No. -281 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Mishraj Mochi, son of Kali Charan Mochi,

2. Sravan Mochi,

3. Satyendra Kumar,

4. Surendra Kumar @ Sikendar Kumar. All Sons of Mishraj Mochi.

5. Suresh Kumar, Son of Dinesh Mochi.

6. Meena Devi, Wife of Mishraj Mochi.

7. Renu Devi @ Rina Devi, Wife of Bablu Mochi.

8. Nirmala Devi, Wife of Shrawan Mochi, All resident of VillageBahadurpur, Police Station- Chandi, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Chandi P.S. Case No. 281 of 2017, registered under Sections 147, 148, 149, 341, 323, 307, 354(B), 427 and 504 of the Indian Penal Code.

The accusation is that 10 persons named in the F.I.R. including the petitioners came at the house of informant, Sandeep Kumar, having armed with knife, lathi, khanti and pistol and started to abuse him. In the meantime, Jitendra Kumar Kaushal caused

Patna High Court Cr.Misc. No.56934 of 2017 (2) dt.08-12-2017 injury at his ear through knife. When brother of the informant rushed to save him then he was also assaulted by them. Thereafter, all entered in his house and started to cause assault to the lady members of the informant and torn the blouse of his wife whereas Jitendra Kumar Kaushal snatched the gold ear ring from his wife. Learned counsel for the petitioners submits that while petitioners are named in the F.I.R. but no specific overt act has been attributed against them, while the specific allegation against Jitendra Kumar Kaushal to cause injury at the ear of the informant through knife.

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 Additional Chief Judicial MagistrateII, Hilsa, Nalanda, in connection with Chandi P.S. Case No. 281 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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