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Judgment
Heard learned counsel for the petitioners and learned A.P.P through Video Conferencing.
Learned counsel for the petitioners submits that the defects are minor and may be permitted to be removed within a week. Accordingly, learned counsel for the petitioners is permitted to do so.
These two petitioners along with six others who are made accused for the offence registered under Section 341/323/324/325/307/34 of the Indian Penal Code on 10th January, 2020 in connection with Govindpur P.S. Case No. 09 of 2020 pending in the court of Miss Ritwika Singh, learned Judicial Magistrate, 1st Class, Dhanbad, have prayed for grant of bail. The alleged incident is of 9th January, 2020 at about 18:30 Hrs.
Learned counsel for the petitioners submits that even as per the F.I.R the allegations of pressing of neck of the informant and assault on his wife are on Shankar Mahato and Aghnu Mahato but not the petitioners. Though allegations of assault by rod have been made on the son of the petitioner, who allegedly fell unconscious at the behest of these two petitioners and one Deg Lal Mahato, but the injury on the body of the son of the informant has been found to be simple. Therefore, petitioners may be enlarged on bail.
Learned A.P.P. has opposed the prayer for bail. He submits that more than five persons in unlawful assembly have assaulted the informant, his son and his wife, as a result of which the informant's son fell unconscious and his wife's teeth was also broken. Her injury was found to be grievous. Learned Additional Public Prosecutor, however, does not dispute that injury on the son of the informant has been found to be simple in nature, whereas the allegations of pressing the neck of the informant is on one other accused Shankar Mahato and not the petitioner.
Having regard to the aforesaid facts and circumstances and that as per the allegations made in the F.I.R, the son of the informant who was stated to have been assaulted by these two petitioners and one other, has been found to have sustained minor injuries, whereas the allegations of assault on the wife of the informant is against another accused Aghnu Mahato and not the present petitioners and that the petitioners are in custody since 10th January, 2020, I am inclined the enlarge the petitioners, named above 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 Miss Ritwika Singh, learned Judicial Magistrate, 1st Class, Dhanbad in connection with Govindpur P.S. Case No. 09 of 2020, subject to the condition that the petitioners and their bailors shall not change their address and mobile numbers without prior permission of the learned Trial Court.
Bail Application stands disposed of.