Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56404 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- KARAI PARSURAI District- Nalanda ====================================================== 1.

MUKESH KUMAR Son of Umesh Singh @ Umesh Prasad, Resident of Village - Gwal Bigaha, P.S.- Karai Parsurai, District- Nalanda 2.

Sintu Kumar @ Sintu Singh Son of Umesh Singh @ Umesh Prasad, Resident of Village - Gwal Bigaha, P.S.- Karai Parsurai, District- Nalanda 3.

Umesh Prasad @ Umesh Singh Son of Chalitar Singh, Resident of Village - Gwal Bigaha, P.S.- Karai Parsurai, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2019 Heard both sides.

Petitioners apprehend their arrest in Karai Parsurai P.S. Case No.99 of 2019 registered under Sections 147, 341, 323, 504, 307, 379, 325 and 34 of the Indian Penal Code. The informant named the petitioners and alleged that they all entered into his house and when the informant raised alarm, Mukesh Kumar (petitioner no.1) is said to have given knife blow on the cheek and head of the informant. Umesh Singh is said to have assaulted the informant with iron rod on his mouth causing uprootment of tooth. When the wife of the informant came to save, Sintu Singh is alleged to have assaulted

Patna High Court CR. MISC. No.56404 of 2019(2) dt.09-09-2019 2/3 her with the butt of the pistol near her eye. Mukesh Kumar also gave repeated knife blows on the hand of the wife of the informant and snatched her ornaments made of gold. Learned counsel for the petitioners submits that the petitioners are next door neighbours and co-villages of the informant. The informant is alleged to have been assaulted by knife and iron rod on his head and mouth, but from perusal of the injury report, it would appear that the informant got one lacerated wound on his left cheek. No other injury was found on his head and no tooth was found uprooted. The wife of the informant got simple injury.

It appears that the informant, of course, made allegation that the petitioners inflicted knife blow on different parts of the body of the informant and his wife but no corresponding injury was found, save and except, one injury on the left cheek of the informant and the petitioners are next door neighbours and co-villages of the informant.

Having considered the facts aforesaid, 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 bonds of Rs.10,000/- (Ten

Patna High Court CR. MISC. No.56404 of 2019(2) dt.09-09-2019 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda in connection with Karai Parsurai P.S. Case No.99 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T