This oral order grants bail to two petitioners accused of assault under Section 307 IPC arising from a love-affair dispute. The High Court, finding injuries simple and noting prior bail in a related case, directed release on bonds with sureties.
Released on bail by furnishing bonds of Rs. 10,000/- each with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12139 of 2016
Arising Out of PS.Case No. -446 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Khajanti Sahani, Son of Late Sugan Sahani. 2. Nitesh Kumar @ Nitesh Sahani, Son of Khajanti Sahani, both residents of village-Sonbarsa, P.S. Harsidhi, District-East Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 7 13-05-2016 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioners seek bail in a case registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.
Petitioners and other F.I.R. named accused as well as some unknown persons are said to have brutally assaulted one Shyam Kumar, who was in love with one Usha Kumari. The reason behind the above stated occurrence is said to be love affair between Shyam Kumar and Usha Kumari, who left her parental home and went to the house of aforesaid Shyam Kumar. The petitioners and other accused, in retaliation to the steps taken by
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the Usha Kumari, went at the house of Shyam Kumar and assaulted not only Shyam Kumar but also Usha Kumari and others. The aforesaid Usha Kumari has also lodged Harsidhi P.S. Case No. 447 of 2015 against the petitioners and several other persons. The mother of the petitioner no. 1 has lodged a counterblast against the prosecution party. The petitioners have already been granted privilege of bail by a co-ordinate Bench of this court in Harsidhi P.S. Case No. 447 of 2015. Moreover, the injured of the present case has sustained simple injuries.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 446 of 2015.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether the petitioners deserve bail in a case involving assault under Section 307 IPC and other offences.
Khajanti Sahani
Nitesh Kumar @ Nitesh Sahani
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
