Patna High CourtCR. MISC./8711/2016bail granted

Ram Lakhan Mukhiya And ANR v. The State Of Bihar

2016-02-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8711 of 2016 Arising Out of PS.Case No. -143 Year- 2015 Thana -RAHIKA District- MADHUBANI ======================================================

1. Ram Lakhan Mukhiya Son of late Rahubir Mukhiya

2. Satya Narayan Mukhiya Son of Raghubir Mukhiya both are resident of Village- Sima P.s Rahika District Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Smt.Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Section 447, 341, 323, 354(B), 504, 379/34 of the Indian Penal Code. The prosecution case is that on 20.09.2015 in the morning when the husband of informant was cutting bamboo the accused persons, including the petitioners, came, made protest and started assaulting the husband of informant and when she came to rescue she was also being assaulted. The petitioners snatched silver Hansuli of informant worth Rs. 3000/-. It is submitted by the learned counsel for the petitioners that in the background of land dispute the accusation

Patna High Court Cr.Misc. No.8711 of 2016 (2) dt.24-02-2016 2/2 has been levelled. Only the informant was medically examined and the injury has been found to be simple in nature and at earlier point of time petitioner No.1 lodged Rahika P.S. case No. 141 of 2015 under sections 147, 149, 323, 324, 504 of the IPC. Statement has been in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the fact that case lodged by petitioners' side was at earlier point of time and the genesis of the occurrence, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Madhubani in connection with Rahika P.S. Case No. 143 of 2015 (G.R. No. 2731 of 2015) subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T