Sadhu Rajbanshi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23231 of 2017 Arising Out of PS.Case No. -32 Year- 2016 Thana -MEHANDIA District- JEHANABAD ======================================================

1. Sadhu Rajbanshi, Son of Late Samundra Rajbanshi.

2. Santosh Rajbanshi, Son of Sadhu Rajbanshi. Both Resident of Village- Ismailpur, P.S.- Mehandia, District- Arwal. .... .... 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 --------- 07-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Mahendia P.S. Case No.32 of 2016 registered under Sections 147, 149, 341, 323, 307, 379, 504 and, later on, added Section 302 of the Indian Penal Code. The accusation is that on 15.04.2016, in course of scuffle in between the mother and sister-in-law of the informant and Rekha Kumari and Mina Devi, the neighbour of the informant, regarding the theft of dung-cake (Goethha), prepared by the mother of the informant, the petitioners alongwith Mukesh Rahbanshi, Chameli Devi and Kiran Devi having lathi and danda in their hand came and started to abuse and caused injury at the head of the father and brother of the informant. Later on, the father of the informant, in course of treatment, died on

Patna High Court Cr.Misc. No.23231 of 2017 (4) dt.07-07-2017 2/2 20.04.2016 at P.M.C.H.

Learned counsel appearing on behalf of the petitioners submits that while there is allegation against the petitioners, Mukesh Rahbanshi, Chameli Devi and Kiran Devi, is to cause injury to the brother and father of the informant with lathi and danda but, in the post-mortem examination of the dead body of the father of the informant, only two injuries were found on his head. No specific overt act is attributed to the petitioners. The cause of occurrence is said to be of quarrel in between the family of the informant and the petitioners and others raising suspicion about the theft of dung-cake (Goethha) and the father of the informant died after five days of the occurrence. The petitioners are in custody since 04.02.2017.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, in connection with Mahendia P.S. Case No.32 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T