Bullu Vishwakarma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58982 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- AUANGARI District- Nalanda ====================================================== 1.
BULLU VISHWAKARMA Son of Subhash Vishwakarma Resident of Village- Kanhaiyaganj, P.S.- Aungari (Pirbigha), District- Nalanda. 2.
Pawan Kumar @ Pawan Vishwakarma Son of Subhash Vishwakarma Resident of Village- Kanhaiyaganj, P.S.- Aungari (Pirbigha), DistrictNalanda. 3.
Vikash Vishwakarma @ Santosh Son of Subhash Vishwakarma Resident of Village- Kanhaiyaganj, P.S.- Aungari (Pirbigha), District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Aungari (Pir Bigha) P.S. Case No.11 of 2019 registered under Sections 341, 323, 325, 354, 448, 427, 379, 307, 504 and 506/34 of the Indian Penal Code.
The accusation is that in the evening of 13.03.2019, the daughter of the informant had gone to take water from the Hand-pump. At that time, the petitioner no.1, namely, Bullu Vishwakarma, started to outrage the modesty of the daughter of the informant. Thereafter, when the daughter of the informant
Patna High Court CR. MISC. No.58982 of 2019(2) dt.18-09-2019 2/3 returned to house in weeping condition with a bucket, then the petitioner no.3, namely, Vikash Vishwakarma, started to give threatening to outrage her modesty. In the meantime, Vikash Chaudhary, the son of the informant, came to pacify the matter, then the petitioner no.3 caused assault to him through iron rod. At that time, the petitioner no.2, namely, Pawan Vishwakarma caused assault to the son of the informant through iron rod. Others also caused assault to the son of the informant through either lathi or iron rod. When Puja Devi, the daughter of the informant, rushed to pacify the matter, then Subhash Vishwakarma and the petitioner no.1 caused assault to her through the angel of rod, due to which she sustained injury at her head.
At that time, Kajal Kumari, another daughter of the informant, was also assaulted by Mamta Devi through iron rod and others also damaged the house of the informant by pelting bricks and took away the ornaments from his house. Learned counsel for the petitioners submits that, in fact, due to taking of the water from the Hand-pump, the hot exchange of words and scuffle took place in between the parties, in which the son and daughter of the informant received simple injuries on falling of the ground but with an ulterior motive, the informant has lodged the present case.
Patna High Court CR. MISC. No.58982 of 2019(2) dt.18-09-2019 3/3 criminal antecedents.
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 the Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Aungari (Pir Bigha) P.S. Case No.11 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T