IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19349 of 2010
1. Jagat Bandhu Kumar S/o Late Gajandhar Prem
2. Preem Sheela Devi W/o Jagat Bandhu Kumar
All resident of village Bhadar P.S. Mufassil Khagaria
Dist. Khagaria Petitioners
Versus
STATE OF BIHAR Opp. Party
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03/ 20.07.2010 Heard learned counsel for the petitioners and the State.
Petitioner no.1 being younger brother of the informant
and petitioner no.2 is the wife of petitioner no.1 are apprehending
their arrest in a case registered under sections 341, 323, 307, 379 and
504/34 of the Indian Penal Code.
Both sides fought for erecting boundary wall in which it is
alleged that petitioner no.1 assaulted with Khanti to the father of the
informant- Naresh Prasad. There is no injury report of Naresh Prasad
on record in the diary. Moreover, the Investigating Officer has
recorded the swelling injury to Naresh Prasad in the diary. So far
petitioner no.2 is concerned, she is alleged to have assaulted with
Khanti to the informant, sister and father of the informant. The injury
reports of the informant and sister of the informant are on record
which suggest simple injuries by hard and blunt substance. The
aforesaid contentions of learned counsel for the petitioners have not
been controverted by learned counsel for the State after going through
the case diary.
Considering the nature of the allegations and the injuries, let
the petitioners in the event of arrest/ surrender within twelve weeks
from today be released on bail in connection with Khagaria (Muffasil)
P.S. Case no. 75 of 2010 on furnishing bail bond of Rs 10,000-/ each
-2-
with two sureties of the like amount each to the satisfaction of the
Chief Judicial Magistrate, Khagaria subject to the condition as laid
down under section 438(2) of the Code of Criminal Procedure.
shahid (Dinesh Kumar Singh,J))