Ramashish Giri And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1482 of 2017 Arising Out of PS.Case No. -359 Year- 2016 Thana -PATORI District- SAMASTIPUR ======================================================

1. Ramashish Giri, S/o Late Radho Giri,

2. Babita Devi, W/o Dharmendra Giri, both 1 and 2 are Resident of Village - Ashrafpur Supaul, P.S. - Patory, District - Samastipur.

3. Kabita Devi, W/o Nanhki Giri, Resident of Village - Balia Bishanpur, P.S. - Mahnar, District - Vaishali.

4. Rekha Devi, W/o Bambam Giri, Resident of Village Songar, P.S. - Tajpur, District - Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-01-2017 Heard both sides.

The petitioners apprehend their arrest in Patory P.S. case No. 359 of 2016 under Section 307 and other Sections of the Indian Penal Code.

Sundeshwar Giri, the informant, named seven persons, including the petitioners, and alleged that while he along with her aunt, Sugawati Devi, protested the construction of house, Sunil Giri, who is not petitioner, assaulted him with sickle on his face and three injuries were caused. Krishna Devi is said to have assaulted Sugawati Devi with stick.

It is submitted that petitioners are not the assailants

Patna High Court Cr.Misc. No.1482 of 2017 (2) dt.17-01-2017 2/2 of the informant. Sugawati Devi, aunt of the informant, got simple injuries. There is land dispute between the parties. Considering the facts aforesaid and the fact that petitioners are not the assailants of the informant, 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 Chief Judicial Magistrate, Samastipur in Patory P.S. Case No. 359 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