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Patna High CourtCR. MISC./54003/2017bail granted

Brajendra Mohan Jha @ Brajendra Kumar Jha ANR v. The State Of Bihar

2017-11-13Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54003 of 2017 Arising Out of PS.Case No. -194 Year- 2017 Thana -KATIHAR MUFFASIL District- KATIHAR ======================================================

1. Brajendra Mohan Jha @ Brajendra Kumar Jha, Son of Rajendra Mohan Jha.

2. Rajendra Mohan Jha, son of Late Indra Nand Jha. Both residents of Village- Rampur, P.S.- Katihar (Muffasil), DistrictKatihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 13-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Katihar (Muffasil) P.S. Case No.194 of 2017/G.R. No.7263 of 2017 registered under Sections 341, 323, 354(B), 307, 379 and 504/34 of the Indian Penal Code.

The accusation is that on 10.09.2017, when Munchun, the son of the informant Nirmala Devi, was returning to his house, in the way, five persons, named in the F.I.R., including the petitioners started to cause assault to him through fists and slaps. When the informant rushed to save her son then she was also assaulted by them and pushed on the ground. At that time, the petitioner no.1 unfolded the Saree of

Patna High Court Cr.Misc. No.54003 of 2017 (2) dt.13-11-2017 2/2 the informant and both the petitioners kicked out their legs on her private part. When the informant tried to flee away, the petitioner no.1 caused blood oozing injury on her forehead through iron rod. Learned counsel for the petitioners submits that due to some dispute, the occurrence of "Maar-Peet" took place in between the parties in which the petitioners' side also sustained injury regarding which on the basis of the written report of the petitioner no.1, Katihar (M) P.S. Case No.193 of 2017 was instituted against the husband and son of the informant and others. Moreover, the injury, as found on the person of the informant, is simple in nature.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, 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 Sri Dharmendra Singh, Judicial Magistrate, First Class, Katihar, in connection with Katihar (Muffasil) P.S. Case No.194 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S.