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Patna High CourtCR. MISC./65792/2022allowed

Raj Kumar Mahto @ Raj Kumar v. The State Of Bihar

2023-02-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65792 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== 1.

Raj Kumar Mahto @ Raj Kumar S/O Muneshwar Mahto @ Bhuneshwar Mahto R/O Village- Barbatta, P.S.- Musrigharari, Distt- Samastipur. 2.

Baby Devi W/o Muneshwar Mahto @ Bhuneshwar Mahto R/o VillageBarbatta, P.S.- Musrigharari, Distt- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code. Petitioner no. 1 is said to have assaulted son of the informant by means of scissor as a result of which he sustained injury. Petitioner no. 2 assaulted the brother of the informant by means of brick.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner no. 1 is own nephew and the petitioner no. 2 is Bhabaj (brother's wife) of the informant and allegation against them is of causing simple

Patna High Court CR. MISC. No.65792 of 2022(2) dt.24-02-2023 2/2 injury to the informant's son and brother. He submits that there is specific allegation against co-accused Muneshwar Mahto who had been arrested by the police. He submits that there is compromise in between the parties. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that the compromise has been done in between the parties, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Musrigharari P.S. Case No. 89 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T