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Patna High CourtCR. MISC./66149/2019bail granted

Raudi Mukhiya v. The State Of Bihar

2019-11-05Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66149 of 2019 Arising Out of PS. Case No.-88 Year-2017 Thana- JAMALPUR District- Darbhanga ====================================================== 1.

RAUDI MUKHIYA Son of Late Baleshwar Mukhiya Resident of VillageJhagarua, P.S-Jamalpur, District-Darbhanga. 2.

Shyam Sundar Mukhiya Son of Late Baleshwar Mukhiya Resident of Village-Jhagarua, P.S-Jamalpur, District-Darbhanga. 3.

Santosh Sahni @ Santosh Mukhiya Son of Late Baleshwar Mukhiya Resident of Village-Jhagarua, P.S-Jamalpur, District-Darbhanga. 4.

Kabutari Devi Wife of Raudi Mukhiya Resident of Village-Jhagarua, P.SJamalpur, District-Darbhanga. 5.

Sohan Mukhiya Son of Rajo Mukhiya Resident of Village-Jhagarua, P.SJamalpur, District-Darbhanga. 6.

Shivjee Mukhiya Son of Rajo Mukhiya Resident of Village-Jhagarua, P.SJamalpur, District-Darbhanga. 7.

Satya Narayan Mukhiya Son of Anand Mukhiya Resident of VillageJhagarua, P.S-Jamalpur, District-Darbhanga. 8.

Pramod Mukhiya Son of Anand Mukhiya Resident of Village-Jhagarua, P.SJamalpur, District-Darbhanga. 9.

Neelam Devi Wife of Shyam Sundar Mukhiya Resident of Village-Jhagarua, P.S-Jamalpur, District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jamalpur P.S. Case no. 88 of 2017, registered under Sections 147, 148, 149, 323, 325, 307, 354(A), 379, 504

Patna High Court CR. MISC. No.66149 of 2019(3) dt.05-11-2019 2/3 and 506 of the Indian Penal Code.

The accusation is that petitioners were engaged in flowing water through the land of informant, when informant made protest then all started to abuse him and they also assaulted the daughter of the informant, on reaching of the villagers, the matter was pacified. Thereafter, in the evening, all started to abuse the informant when informant said about Panchayati then Raudi Mukhiya (Petitioner No.1) caught hold the informant and Santosh Mukhiya (Petitioner No. 3) gave Farsa blow causing injury at his head, when Binti Kumari, daughter of the informant, rushed to save him then she was also assaulted by pelting stones and her clothes were torn. Learned counsel for the petitioners submits that, in fact, due to restraining to throw water from the land of informant scuffle took place in which petitioners' side also sustained injury.

Moreover, the injuries as found on the person of informant and his daughter are simple in nature. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.66149 of 2019(3) dt.05-11-2019 3/3 the like amount each to the satisfaction of the A.C.J.M. Biraul, Darbhanga in connection with Jamalpur P.S. Case No. 88 of 2017, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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