Bambu Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64072 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== 1.

Bambu Bhuiyan Son of Gora Bhuiyan Resident of Village - Ghatrain, P.S.- Madanpur, Dsit.- Aurangabad.

2.

Shambhu Bhuiyan Son of Gora Bhuiyan Resident of Village - Ghatrain, P.S.- Madanpur, Dsit.- Aurangabad.

3.

Gora Bhuiyan Son of Late Munarik Bhuiyan Resident of Village - Ghatrain, P.S.- Madanpur, Dsit.- Aurangabad.

4.

Dukhni Devi W/o Bambu Bhuiyan Resident of Village - Ghatrain, P.S.- Madanpur, Dsit.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Madanpur P.S. Case No. 60 of 2019, registered under Sections 341, 323, 504, 506, 325 and 307/34 of the Indian Penal Code.

The accusation is that Krishna Bhuiya, son of the informant, Basmatiya Devi, was returning form his shop then in the way, nine persons named in the F.I.R. including the petitioners with intention to kill reached near her son and caught

Patna High Court CR. MISC. No.64072 of 2019(2) dt.18-10-2019 2/3 hold his collar and started to press his neck. On raising alarm, informant along with her husband and nephew reached there then saw that they were pressing the neck of her son. When her husband and nephew made protest then they threatened to kill his son. At that time, Bambu Bhuiyan (petitioner no.1), caused fracture injury at the hands and legs of her husband, Ramjee Bhuiya and her nephew Binod Bhuiya, was also assaulted causing injury at his head.

Learned counsel for the petitioners submits that, in fact, due to grudge enmity occurrence took place, in which, petitioners' side also sustained injury, regarding which, Madanpur P.S. Case No. 57 of 2019 is also instituted on the basis of Fradbeyan of Sunita Devi, wife of petitioner no. 1. Moreover, the injuries, as found on the person of injured, are simple in nature.

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 six weeks from today, 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 Chief Judicial Magistrate, Aurangabad, in connection with Madanpur P.S. Case

Patna High Court CR. MISC. No.64072 of 2019(2) dt.18-10-2019 3/3 No. 60 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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