Patna High CourtCR. MISC./11352/2016partly allowed disposal

Satto Mukhiya And ORS v. The State Of Bihar

2016-03-16Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11352 of 2016 Arising Out of PS.Case No. -627 Year- 2015 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Satto Mukhiya, son of Brahmdeo Mukhiya

2. Ram Jatan Mukhiya son of Brahmdeo Mukhiya

3. Kumkum Mukhiya so of Late Chhathu Mukhiya All resident of Village- Bhasar South, Ward No.4, P.S. Sitamarhi, DistrictSitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 16-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case instituted under Sections 341, 323, 308, 436, 427, 504, 506/34 of Indian Penal Code and under Sections 3/4 of the Dian Act. Informant alleged that the above-named three petitioners abused her by calling her Dian and when she forbade them then all of them assaulted her by slaps. It is further alleged that the petitioner Satto Mukhiya made assault on the head of informant's son Shambhu Mukhiya on account of which he received head injury.

Learned counsel submits that the informant's son has sustained simple injury and in support of the same, he has annexed

Patna High Court Cr.Misc. No.11352 of 2016 (2) dt.16-03-2016 2/2 injury report. He next submits that there is case and counter case against the parties.

Having regard to the facts and circumstance of the case, in case of arrest/surrender, let the petitioner nos. 2 and 3 named above, be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No. 627 of 2015.

The petitioner nos. 2 and 3 would not physically absent for two consecutive dates at a stretch, till two witnesses are examined, failing which their bail bonds would be cancelled. The prayer for bail of petitioner no. 1 is dismissed. However, if he surrenders and prays for regular bail, the same would be disposed of on the same day without prejudice. (Samarendra Pratap Singh, J) kunal/- U T