Patna High CourtCR. MISC./7588/2015bail granted

Hera Devi And ORS. v. The State Of Bihar

2015-02-26Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.7588 of 2015 (2) dt.26-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7588 of 2015 Arising Out of PS.Case No. -22 Year- 2014 Thana -SAMHO District- BEGUSARAI ======================================================

1. Hera Devi, wife of Ram Prit Mahto.

2. Ram Prit Mahto, son of late Sitaram Mahto

3. Elychee Devi, wife of Indradev Mahto

4. Indradev Mahton, son of late Sitaram Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Manoj Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Shamho P.S. Case No. 22 of 2014 registered for the offences punishable under Sections 447, 341, 323, 307, 427, 379, 504, 506/34 of the Indian Penal Code.

It appears from perusal of Annexures-2 and 3 that there is land dispute between the parties and furthermore, the impugned order of learned Sessions Judge reveals that altogether five injuries were found on the person of the deceased and out of the aforesaid injury, one injury i.e. bruise and abrasion around neck region and surrounding was said to be grievous in nature but I am unable to understand as to under what grounds the concerned

Patna High Court Cr.Misc. No.7588 of 2015 (2) dt.26-02-2015 doctor came to the above stated conclusion.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Shamho P.S. Case No. 22 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T