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Patna High CourtCR. MISC./64242/2019bail granted

Ratan Thakur v. The State Of Bihar

2019-10-22Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 64242 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- LAKHNAUR District- Madhubani ====================================================== 1.

RATAN THAKUR Son of Gangaram Thakur Resident of Village- Nande Nagar Khoir Tol, P.S.- Lakhnour, District- Madhubani 2.

Sudarshan Thakur @ Sudarshan Kumar Son of Gangaram Thakur Resident of Village- Nande Nagar Khoir Tol, P.S.- Lakhnour, District- Madhubani 3.

Gangaram Thakur Son of Late Lalji Thakur Resident of Village- Nande Nagar Khoir Tol, P.S.- Lakhnour, District- Madhubani 4.

Mithilesh Thakur Son of Late Lalji Thakur Resident of Village- Nande Nagar Khoir Tol, P.S.- Lakhnour, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-10-2019 Heard learned counsel for the petitioners, learned counsel appearing on behalf of informant and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Lakhnour P.S. Case no. 181 of 2019, registered under Sections 341, 323, 324, 307, 354, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that in the morning of 18.07.2019, informant Soni Kumari was draining flood water from her house, at that time, Punam Devi threw garbage at her

Patna High Court CR. MISC. No. 64242 of 2019(2) dt.22-10-2019 2/3 door. When informant made protest then Punam Devi abused the informant and called her relatives upon which petitioners and Joyti Kumari variously armed with weapons came there and on the behest of petitioner No.3 Gangaram Thakur, Sudarshan Thakur (Petitioner No.2) catch her hair and caused assault at her head through Farsa. When Barun and Anar Devi, brother and mother of informant, rushed to save then petitioner No.1 gave iron rod at the head of her brother and Anar Devi, who fell down and become unconscious. The petitioner No. 4 Mithilesh and petitioner No.3 Gangaram Thakur dragged her mother Anar Devi, mother of the informant. At that time, Punam Devi and Joyti Kumari snatched gold chain from the neck of informant.

Learned counsel for the petitioners submits that occurrence of Marpit took place due to petty matter in which petitioners' side also sustained injury regarding which Lakhnour P.S. Case No. 180 of 2019 was instituted on the basis of fardbeyan of Indu Devi, mother of co-accused Jyoti Kumari. Further submission is that injuries as found on the person of Anar Devi, mother of informant, are simple in nature, whereas, informant and her brother Barun sustained injury on their skull, but nature of opinion kept reserved.

Patna High Court CR. MISC. No. 64242 of 2019(2) dt.22-10-2019 3/3 On the other hand, learned counsel appearing on behalf of informant submits that the injuries found on the vital part of the informant and her brother.

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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-I, Jhanjharpur, Madhubani in connection with Lakhnour P.S. Case No. 181 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T