Patna High CourtCR. MISC./4544/2015bail granted

Ganesh Rai And ANR. v. The State Of Bihar

2015-03-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4544 of 2015 Arising Out of PS.Case No. -38 Year- 2014 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Ganesh Rai

2. Dinesh Rai, Both are sons of Late Ram Sevak Rai, resident of Village - Rampur Parori East, P.S. - Sitamarhi, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Amitesh Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.

11-03-2015.

Heard both sides.

Petitioners seek bail in a case registered under Section 307 and other sections of the IPC.

Suresh Rai, the informant, alleged that petitioner no.2 Dinesh Rai assaulted the informant with iron rod and petitioner no.1 Ganesh Rai inflicted iron rod on the head of Birendra Rai. It is submitted that the injury report is not in the case diary but the learned Session Judge, in his order, has stated that both injured got injuries on vital part of the body but did not mention about the nature of injuries caused on Suresh Rai. Birendra Rai is said to have got fracture injury on the frontal temporal bone.

It is submitted that there is a counter version and there is no repetition blow.

Considering the facts that on account of assault made by petitioner Dinesh Rai, the informant did not receive any grievous

Patna High Court Cr.Misc. No.4544 of 2015 (3) dt.11-03-2015 injury and Birendra Rai received one injury which is opined to be grievous in nature but there is no repetition of blow, both the petitioners, named above, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S.Case No. 38 of 2014.

(Prabhat Kumar Jha, J.) ahk/- U T