Bisu Mistri And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13057 of 2017 Arising Out of PS.Case No. -392 Year- 2015 Thana -KRITYANAND NAGAR District- PURNIA ======================================================
1. Bisu Mistri Son of Shanaku Mistri.
2. Shrawan Mistri Son of Bisu Mistri Both Resident of Village- Joka Jalmare, P.S.- K.Hat, District- Purnea.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Shobha Nath Jha, Advocate.
For the Opposite Party : Mr. Amit Kumar Rakesh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2017 Heard both sides.
The petitioners apprehend their arrest in K. Nagar P.S. Case No. 392 of 2015 registered for the offences punishable under Sections 341, 323, 324, 307, 447 and 34 of the Indian Penal Code. The informant alleged that his brother Bisu Mistri petitioner no. 1 and his son Shrawan Mistri petitioner no. 2 came to his house and picked up quarrel on account of land dispute. Shrawan Mistri pushed him down on the ground. Bisu Mistri is allowed to have assaulted the informant with Dabiya on his head. Learned counsel for the petitioners submits that the doctor found two sharp edged incised wound on the head of Baiku Mistri, the informant. One injury is opined to be grievous in nature.
Patna High Court Cr.Misc. No.13057 of 2017 (5) dt.30-06-2017 2/2 Considering the facts aforesaid I am not inclined to enlarge the petitioner no. 1 Bisu Mistri on anticipatory bail. Accordingly, the same is rejected.
So far as the case of petitioner no. 2 Shrawan Mistri is concerned, there is no specific allegation against him and he is nephew of the informant, the petitioner no. 2 Shrawan Mistri in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is 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 Sub-Divisional Judicial Magistrate, Purnea in K. Nagar P.S. Case No. 392 of 2015, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J.) KKSINHA/- U T