Mani Kant Jha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4173 of 2018 Arising Out of PS. Case No.-61 Year-2018 Thana- SINGHIYA District- Samastipur ====================================================== 1.

Mani Kant Jha S/o Late Upendra Jha, 2.

Kashi Kant Jha son of Mani Kant Jha 3.

Suman Ji Jha @ Sumanjit Jha son of Mani Kant Jha 4.

Jhuna Jha, son of Mani Kant Jha, All resident of Village- Sreepu Mauna, P.S.- Singhia, District- Samsatipur.

... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vinay Kumar Mishra For the Respondent/s :

Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 26-02-2019 The appellants seek pre-arrest bail in connection with Singhia P.S. Case No. 61 of 2018, registered for offences punishable under Sections 323, 325, 341/34 of the Indian Penal Code and Section 3(r)(s) of SC/ST Act.

Allegation against the appellants is that they surrounded the informant and abusing him by caste name and allegation against appellant no.1 is of badly assaulted to the informant causing fracture injury and when the wife of the informant came to save him, she also assaulted by appellant nos. 3 & 4 by iron rod causing injury to her and allegation against appellant no.2 is of assault to the daughter of the informant.

Patna High Court CR. APP (SJ) No.4173 of 2018 dt.26-02-2019 2/2 Submission of learned counsel for the appellants is that there is land dispute between the parties and earlier also two cases were lodged by the informant. It further appears that all injuries are simple, except one.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case as stated above, let appellants, above named, be surrendered within a period of six weeks and on surrender they will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Samastipur, in connection with Singhia P.S. Case No. 61 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Accordingly, this appeal is allowed and the impugned order is set-aside.

(Vinod Kumar Sinha, J) Amjad/- AFR/NAFR CAV DATE Uploading Date Transmission Date