Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60605 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.
KUNAL KUMAR Son of Ram Bali Ray Resident of Village-Batraul, P.SMotipur, District-Muzaffarpur. 2.
Mithu Kumar Son of Ram Bali Ray Resident of Village-Batraul, P.SMotipur, District-Muzaffarpur. 3.
Mrinal Kumar Son of Ram Bali Ray Resident of Village-Batraul, P.SMotipur, District-Muzaffarpur. 4.
Satendra Ray @ Satyendra Ray Son of Ram Ekbal Ray Resident of VillageBatraul, P.S-Motipur, District-Muzaffarpur. 5.
Amarnath Ray Son of Ram Ekbal Ray Resident of Village-Batraul, P.SMotipur, District-Muzaffarpur. 6.
Gulten Ray Son of Late Bhardul Ray Resident of Village-Batraul, P.SMotipur, District-Muzaffarpur. 7.
Lakhindra Ray Son of Late Kishun Ray wrongly mentioned as Son of Bhutta Ray in F.I.R. Resident of Village-Batraul, P.S-Motipur, District-Muzaffarpur. 8.
Kaushalya Devi Wife of Mishrilal Ray Resident of Village-Batraul, P.SMotipur, District-Muzaffarpur. 9.
Asha Devi Wife of Ram Bali Ray Resident of Village-Batraul, P.S-Motipur, District-Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hari Kishore Thakur For the Opposite Party/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.
The petitioners apprehend their arrest in Motipur P.S. case No. 142 of 2019 registered under Section 147, 148, 149, 307, 379, 341, 324, 354, 504, 34 of the IPC and u/s 27 of the Arms Act. The informant alleged that her husband came to his house but Ram Ekbal Ray and Ram Bali Ray at the point of pistol snatched chain made of gold and assaulted him with fists and slaps. Ram Ekbal Ray assaulted the husband of informant with butt of pistol on his head. Other accused persons also assaulted the husband of
Patna High Court CR. MISC. No.60605 of 2019(2) dt.16-10-2019 2/2 informant. Gulten Ray and Lakihndra Rai are alleged to have assaulted with Daab.
The learned counsel for the petitioners submits that for the same occurrence Motipur P.S. case No. 141 of 2019 was registered. Rita Devi wife of Gulten Rai also filed Complaint Case No. 464 of 2019. There is land dispute between two sides. Other accused persons have been granted anticipatory bail. No specific allegation of assault is made against the petitioners. Umesh Ray, husband of the informant, got injuries such as abrasion and lacerated wound but the injuries are superficial and simple in nature. Taking into consideration the facts that there is case and counter case, one another case, that is, Motipur P.S. case No.
141 of 2019 was also registered and there is omnibus allegation that petitioners assaulted the husband of informant but the injuries are simple and superficial in nature, 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 Sub divisional Judicial Magistrate, West, Muzaffarpur in connection with Motipur P.S. case No. 142 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
BKS/- (Prabhat Kumar Jha, J) U T