Munna Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24054 of 2017 Arising Out of PS.Case No. -186 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Munna Mian, Son of Makhdum Mian.

2. Sonu Mian, Son of Makhdum Mian, Both residents of Village- Gahiri, Nawka Tola, P.S.- Nautan, District- West Champaran.

3. Ravi Shankar Prasad Kushwaha, Son of Raju Kushwaha, resident of Village- Gahiri Pratap Tola, P.S.- Paharpur, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Paharpur P.S. Case No. 186 of 2016 for offence under Sections 341, 323, 324, 379, 307, 504 and 506/34 of the Indian Penal Code.

Accusation is that in the evening on 04.10.2016 at about 6.30-7.00 p.m., petitioners were teasing the girls passing through the road who were going to participate in 'Jagraata'. Then, the informant and one Sanjeet Kumar made protest on which they were threatened to dire consequences. Thereafter, at about 10.00 p.m., when the informant along with Sanjeet Kumar

Patna High Court Cr.Misc. No.24054 of 2017 (3) dt.06-09-2017 2/2 were returning to home then petitioners along with 3-6 people surrounded the informant and started assaulting by iron rod and cycle chain. At that time petitioner no. 2 also snatched the informant's gold chain and Samsung mobile.

Learned counsel appearing on behalf of the petitioners submits that while the allegation has been made about causing the injury to the informant by the petitioners through iron rod and cycle chain but the informant sustained only one injury and no injury was found on the person of Sanjeet Kumar which has been mentioned at paragraph no. 39 of the case diary. He further submits that the petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Paharpur P.S. Case No. 186 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) khushbu/- U T