← Library
Patna High CourtCR. MISC./2435/2017bail granted

Sukeshwar Das And ANR v. The State Of Bihar

2017-03-01Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2435 of 2017 Arising Out of PS.Case No. -209 Year- 2016 Thana -NANHPUR District- SITAMARHI ======================================================

1. Sukeshwar Das, S/o Late Rijhan Das,

2. Surendra Das, S/o Late Rijhan Das, Both R/o Village- Bhadiha, P.S.- Nanpur, District- Sitamarhi.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nanpur P.S. Case no. 209 of 2016, registered under Sections 147, 148, 149, 447, 323, 341, 354, 307, 504 and 506/34 of the Indian Penal Code.

The accusation is that six persons named in the F.I.R. including the petitioners, variously armed with weapons reached at the door of the informant and started to abuse him. At that time, petitioner No.2 caused injury at the temporal region and elbow of the informant, whereas petitioner No.1 caused injury through axe to Munni Devi and Maheshwar also caused injury to the wife of the informant through farsa.

Learned counsel for the petitioners submits that while the

Patna High Court Cr.Misc. No.2435 of 2017 (2) dt.01-03-2017 2/2 allegation has been made against the petitioners to cause injury to the informant, his daughter in law and his wife through knife and axe, but the injuries found on their persons are simple in nature caused by hard and blunt substance. Further submission is that, in fact, due to land dispute the occurrence of Marpit took place in between the ladies of the family of petitioner and informant, but with ulterior motive the informant implicated the petitioners also in the present case. 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 learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 209 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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