Kailash Mukhiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21575 of 2018 Arising Out of PS.Case No. -175 Year- 2017 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kailash Mukhiya, S/o Late Raghunath Mukhiya,

2. Dabal Mukhiya, Both Sons of Kailash Mukhiya, null

3. Shri Devi, S/o Kailash Mukhiya, All R/o Vill.- Sangrampur, Bin Toli, P.S.- Sangrampur, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioners and learned A.P.P.

The petitioners seek anticipatory bail in connection with Sangrampur P.S.Case No. 175 of 2017, GR. Case No. 6524 of 2017, registered for offences punishable under Sections 341, 323, 325, 307 and 504/34 of the Indian Penal Code. Allegation against the petitioners is of assault the minor son of the informant by stick of bamboo, causing damage of the eye of the son of the informant.

Submission of the learned counsel for the petitioners is that the petitioners have not committed any offence and they have been falsely implicated in this case. It is also submitted that there

Patna High Court Cr.Misc. No.21575 of 2018 (3) dt.20-06-2018 2/2 is delay of 20 days in lodging the F.I.R. rather the main allegation is against co-accused, Kripa Kumar and there is compromise between the parties.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Sangrampur P.S.Case No. 175 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T