Kedar Mistry And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39741 of 2016 Arising Out of PS.Case No. -151 Year- 2016 Thana -SIRDALA District- NAWADA ======================================================
1. Kedar Mistry S/o Late Bachan Mistry
2. Balmiki Mistry
3. Santosh Mistry Both s/o Kedar Mistry All resident of vill. Milki, P.S. Sitamarhi, District Nawada .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2016 Heard both sides.
The petitioners apprehend their arrest in Sirdala (Meskaur) P.S. case No. 151 of 2016 under Section 307 and other Sections of the Indian Penal Code.
Petitioner No.2, Balmiki Mistry, is alleged to have assaulted the informant with Khanti on his head. The informant got injuries on his head and he fell down on the ground. Kedar Mistry, petitioner No.1, abused the informant and also assaulted him.
It is submitted that other accused persons are also alleged to have assaulted the informant. The informant got two injuries, one on head and other is complain of pain, but both the
Patna High Court Cr.Misc. No.39741 of 2016 (2) dt.21-09-2016 2/2 injuries are simple in nature. Dinesh Mistry has already been granted bail. Dinesh Mistry gave loan to the informant and when he demanded money this false case has been lodged. It appears that Balmiki Mistry is alleged to have assaulted the informant but only one simple injury on the head of informant is found and other injury is complain of pain. Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, 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 learned Additional Chief Judicial Magistrate, Nawada in Sirdala (Meskaur) P.S. Case No. 151 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T