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2025 DAILYLAW 7872 (PAT)

Bijendra Mehta v. The State of Bihar

CR. MISC./2184/2025 · 2025-02-12

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2184 of 2025 Arising Out of PS. Case No.-357 Year-2024 Thana- TRIVENIGANJ District- Supaul ====================================================== 1. Bijendra Mehta S/O Raudi Mehta Resident of Village- Medhiya Daparakha Nagar, Parishad, Triveniganj, P.S.- Triveniganj, District- Supaul 2. Ramdev Mehta @ Ramdeo Mehta S/O Late Siyaram Mehta Resident of Village- Medhiya Daparakha Nagar, Parishad, Triveniganj, P.S.- Triveniganj, District- Supaul 3. Jagarnath Mehta S/O Nevilal Mehta @ Nebilal Mehta R/O Vill.- Chunni Sohta, PS- Chhatapur, Dist.- Supaul. ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Kamal Kishore Singh, Advocate For the Opposite Party/s : Mr.Mohammed Arif, A.P.P. Mr BK Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 12-02-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 109(1),54, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, on 11/09/24 at about 1:00 PM, all 12 FIR named accused persons including petitioners surrounded informant’s wife Badri Devi and daughter-in-law Sunita Devi while they were going to cut grass. It is alleged that on instigation of petitioner no.1 accused persons namely Laltu Mehta and Khagan Mehta pushed Patna High Court CR. MISC. No.2184 of 2025(2) dt.12-02-2025 2/3 informant's daughter-in-law on ground and disrobed her. They misbehaved with her, assaulted over her private parts and also got her injured by means of knife. When informant's wife raised alarm, the accused Ashok Mehta injured her by means of knife and the accused Gulab Devi (W/o- Bijendra Mehta) assaulted her by means of lathi. When informant's sons and brother went to rescue informant's wife and daughter-in-law, accused persons assaulted them indiscriminately. It is further alleged that the accused Shrawan Mehta assaulted over the head of informant's son by means of dahiya, petitioner no. 2 assaulted over the head of informant's son by means of dabia and petitioner no.3 assaulted over the shoulder of informant's brother by means of iron rod and they also looted money from their pockets. Accused Sunil Mehta snatched gold chain of informant's son. When villagers started approaching there, co-accused persons Narayan Mehta and Gulab Devi (D/o- Raudi Mehta) alerted other accused persons to escape, whereupon the accused Bijendra Mehta fired an air and threatened to kill if the case would be lodged. 4. It is submitted on behalf of the petitioners that petitioner no.1 appears to be order giver and on his instigatioin, petitioner no.2 assaulted son of the informant on his hand by Patna High Court CR. MISC. No.2184 of 2025(2) dt.12-02-2025 3/3 means of farsa. Petitioner no.3 assaulted brother of the informant by means of iron rod on the head as a result of which he also sustained simple injury. Parties are gotia and due to pending land dispute, quarrel took place between them. There is case and counter case. Doctor has found simple injury. 5. Learned counsel for the State opposes the prayer for bail. 6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, 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 Additional Chief Judicial Magistrate, Supaul in Triveniganj Police Station Case No. 357 of 2024, subject to the conditions laid down under section 482 of the the Bharatiya Nagarik Suraksha Sanhita, 2023. shashi/- (Prabhat Kumar Singh, J) U T