Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77404 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Rajesh Kumar 2.

Chhotu Kumar Both sons of Mahendra Mandal 3.

Lalo Devi@ Lale Devi Wife of Mahendra Mandal All residents of Village- Malikpur, P.S.- Pirpainty, District- Bhagalpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-11-2019 Heard both sides.

Petitioners apprehend their arrest in connection with Pirpainty P.S. Case No.129 of 2019 registered for the offence under Sections 341, 323, 325, 448, 307, 379, 354(B), 427, 504, 506/34 of the Indian Penal Code.

The informant alleged that the petitioners, who are sons and wife of own brother of the informant, came abusing for grabbing the pension of the father of the informant. The petitioners are alleged to have assaulted the informant and his other family members.

Learned counsel for the petitioners submits that prior to institution of the present case, Mahendra Mandal filed a

Patna High Court CR. MISC. No.77404 of 2019(2) dt.28-11-2019 2/3 petition on 08.04.2019 before the C.J.M., Bhagalpur alleging therein that his brother (the informant) may implicate the petitioners and his family members. It is further alleged that the the informant persuaded his father to execute a sale deed in favour of his wife and grand father of the petitioner nos.1 and 2 transferred 22 decimals of land of Plot No.1620 in favour of the wife of the informant and, thereafter, again he got transferred remaining land of Plot no.1620. Learned counsel for the petitioners further submits that the informant and his wife had received simple injury, caused by hard and blunt substance.

Having considered the fact that the petitioners are son and wife of own brother of the informant and prior to institution of the present case, Mahendra Mandal, father of petitioner nos.1 and 2 and husband of petitioner no.3 had lodged a Sanha before the Chief Judicial Magistrate and injuries found on the persons of the informant are simple in nature, the petitioners, named above, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on his furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl.

Patna High Court CR. MISC. No.77404 of 2019(2) dt.28-11-2019 3/3 Bhagalpur in connection with Pirpainty P.S. Case No. 129 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) nawalkrs/- U T