IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20325 of 2010 1. MAHENDRA THAKUR SON OF KARI THAKUR 2. RANJEET THAKUR, SON OF MAHABIR THAKUR, BOTH ARE RESIDENTS OF VILLAGE BIRPUR, POLICE STATION MADHEPUR, DISTRICT MADHUBANI - PETITIONERS. Versus STATE OF BIHAR--- OPP. PARTY. -----------
For the petitioner : Mr. Gagandeo Yadav, Adv .
For the State : Mr. Binod Kumar, A.P.P.
2/ 16.06.2010 Heard the parties.
In a criminal prosecution for offences under
sections 307/34 and some other allied sections of the
Indian Penal Code, both the petitioners are specifically
named in the F.I.R. as accused. According to the F.I.R. vide
Annexure-1, petitioner no.1 is alleged to have assaulted
the informant by farsa and lathi on his head, causing
injury to him. Petitioner no.2 is said to have assaulted
Kalicharan Thakur and Kashi Nath Thakur by lathi and
danda on his head, as a result of which they sustained
injuries.
Learned counsel for the petitioners submits that
there is case and counter case from both sides and injuries
sustained by the injured persons were found to be simple
in nature by the doctor of Primary Health Centre,
Madhepur.
However, from perusal of the impugned order
passed by the learned Sessions Court, it appears that all
the three injured persons were referred to D.M.C.H. for
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further treatment and the doctors of D.M.C.H. reported
that they have sustained grievous injuries on their
persons. Obviously the petitioners are alleged to have
assaulted on the vital part of the body of the injured
persons.
In the aforesaid facts and circumstances, the
prayer for bail of the petitioners is dismissed for present.
( Birendra Prasad Verma, J )
BTiwary/