Ram Babu Pandit And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72386 of 2018 Arising Out of PS. Case No.-86 Year-2018 Thana- GHANSHYAMPUR District- Darbhanga ======================================================

1. Ram Babu Pandit, S/o- Baijnath Pandit

2. Phool Babu Pandit, S/o Baijnath Pandit Both are R/V Kumai, P.S. Ghanshyampur, District- Darbhanga.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-12-2018 Heard both sides.

Petitioners apprehend their arrest in Ghanshyampur P.S. Case No.86 of 2018, registered under Section 307 and other minor sections of the Indian Penal Code.

The informant named the petitioners along with other accused persons and alleged that they were abusing his mother and father. When the informant forbade them not to abuse, Ram Babu Pandit, petitioner no.1 is alleged to have assaulted his mother with Dabia on her head and Phool Babu Pandit, petitioner no.2 is alleged to have stabbed his mother on the arm. Learned counsel for the petitioners that there is a case and counter case. From the side of the petitioner, Ghanshyampur P.S. Case No.102 of 2018 was registered under Section 325 and

Patna High Court Cr.Misc. No.72386 of 2018(3) dt.19-12-2018 2/2 other sections of the Indian Penal Code. From perusal of the injury report of Chandrakala Devi, the mother of the informant, it appears that the mother of the informant got two lacerated wound but both the injuries are opined to be simple caused by hard and blunt object.

Having considered the facts that there is a case and counter case and the petitioners are although alleged to have inflicted injuries on head and arm with Dabia but the injuries found on the arm of the mother of the informant are caused by hard and blunt substance and are simple in nature, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Biraul, District Darbhanga in connection with Ghanshyampur P.S. Case No.86 of 2018, subject to the conditions laid down under Section 438(2) Cr. P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T