Kundan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53655 of 2019 Arising Out of PS. Case No.-106 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

KUNDAN GIRI Son of Umesh Giri Resident of Village - Sahtha, P.S.- Bhagwanpur, Distt - Vaishali.

2.

Chandan Giri Son of Umesh Giri Resident of Village - Sahtha, P.S.- Bhagwanpur, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-08-2019 Heard both sides.

The petitioners apprehend their arrest in Bhagwanpur P.S. case No. 106 of 2019 registered under Section 341, 323, 307, 504/34 of the IPC.

The informant alleged that he was taking lunch on the eve of marriage of son of Ram Prashish Giri along with Kundan Giri, Ankit Giri and others but Kundan Giri and Ankit Giri got up in the mid of lunch and they were going leaving the place. On such, the informant asked them to sit and do not leave the place while others were taking lunch. It is alleged that after some time Kundan Giri and Chandan Giri, the petitioners, came and indiscriminately assaulted the informant with iron rod.

Patna High Court CR. MISC. No.53655 of 2019(2) dt.27-08-2019 2/2 The learned counsel for the petitioners submits that the informant got three injuries. Two injuries are superficial and simple in nature. The third injury on index finger of right hand is found to be grievous on account of fracture but no specific allegation is made as to who caused the fracture injury. Both sides have entered into compromise and good sense prevailed. Considering the facts aforesaid and nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest/ surrender before the 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 their furnishing bail bond of Rs.

10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Vaishali at Hajipur in connection with Bhagwanpur P.S. case No. 106 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.