Mintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85325 of 2019 Arising Out of PS. Case No.-343 Year-2017 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.
Mintu Kumar, aged about 28 years, Male, Son of Satyendra Singh, Resident of Dadaur, P.S.- Bakhtiyarpur, Distt - Patna. 2.
Pucchu Kumar, aged about 27 years, Male, Son of Upendra Singh, Resident of Dadaur, P.S.- Bakhtiyarpur, Distt - Patna. 3.
Mithuan Kumar, aged about 19 years, Male, Son of Jitendra Singh, Resident of Dadaur, P.S.- Bakhtiyarpur, Distt - Patna. 4.
Harendra Singh @ Dilchotan Singh, aged about 55 years, Male, Son of late Pradyuman Singh, Resident of Dadaur, P.S.- Bakhtiyarpur, Distt - Patna. 5.
Pintu Singh, aged about 30 years, Male, Son of late Kapildeo Singh, Resident of Dadaur, P.S.- Bakhtiyarpur, Distt - Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-08-2020 Heard both sides.
The petitioners apprehend their arrest in Bakhtiyarpur P.S. Case No.343 of 2017, registered under Sections 147, 148, 149, 341, 323, 504, 506, 307, 379, 354B and 448 of the Indian Penal Code.
The informant named the petitioners and Abhimanyu Kumar and alleged that they having armed with different weapons came. Abhimanyu Kumar assaulted the informant with iron rod on his head. When the informant fell down on the ground, his wife and daughter also came but the accused persons assaulted them.
Patna High Court CR. MISC. No.85325 of 2019(5) dt.28-08-2020 2/3 Mintu Kumar, petitioner no.1 is alleged to have caught the hair of the wife of the informant and snatched her ornaments. The informant alleged that the motive for the occurrence is the land dispute.
Learned counsel for the petitioners submits that no specific allegation of assault is made against the petitioners. Specific allegation of assault is made against Abhimanyu Kumar. The informant got three lacerated wound but all the injuries are superficial and simple in nature. Similarly the son of the informant also got one lacerated injury which is simple in nature. The petitioners have got land dispute and for which a title suit being Title Suit No.168 of 2017 is pending.
Perused the records. It appears that specific allegation of assault is made against Abhimanyu Kumar who is not the petitioner. There is land dispute between the two sides and the injuries found on the body of the informant and his son are simple in nature.
Considering the facts aforesaid, let 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 receipt of the 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 A.C.J.M.-I, Barh, District Patna in
Patna High Court CR. MISC. No.85325 of 2019(5) dt.28-08-2020 3/3 connection with Bakhtiyarpur P.S. Case No.343 of 2017, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) S.KUMAR/- U T