Sanjay Mehta And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59895 of 2018 Arising Out of PS.Case No. -59 Year- 2018 Thana -AMBA District- AURANGABAD ======================================================
1. Sanjay Mehta, S/o Sohrai Mehto,
2. Jitendra Mehta S/o Jagdish Mehta, R/o Vill.- Kishunpur, P.S.- Amba, District- Aurnagabad.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in connection with Amba P.S. Case No. 59 of 2018 for offences alleged under Sections 447, 448, 34, 341, 323, 504, 379 and 308 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that her son Manjit Kumar works at Ludhiana where the petitioners along with five others went for sight seeing and there was some dispute. Her son was called at his village by the petitioners along with other co-accused where the informant's elder son reached. He was called at the community hall of the panchayat and was severely beaten. The other son and the
Patna High Court Cr.Misc. No.59895 of 2018 (2) dt.08-10-2018 2/3 informant were also beaten. Specific allegation is upon co-accused Murari Rajak who has assaulted on the head by means of lathi and snatched gold chain and also against Dharmendra Rajak to have assaulted her and her other son. It is also alleged that the petitioners along with three others also assaulted the informant and her two sons.
It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and have been falsely implicated. He further submits that Section 308 IPC is not made out against them and specific allegation is upon co-accused Murari Rajak and Dharmendra Rajak. He further submits that the injuries are not grievous and there is no allegation of theft against the petitioners.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Amba P.S. Case No.
Patna High Court Cr.Misc. No.59895 of 2018 (2) dt.08-10-2018 3/3 59 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J) Devendra/Priyanka U T