IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26153 of 2011 1.Ashok Kumar Singh 2.Manoj Kumar Singh Both sons of Sri Ram Chandra Singh 3.Rupak Kumar @ Braj Bhusan Kumar, son of Ashok Kumar Singh 4.Indu Devi wife of Ashok Kumar Singh All residents of village-Bhatauliya, P.S.- Dumra, District-Sitamarhi Versus The State Of Bihar ----------- 2. 5.8.2011. Heard learned counsel for petitioners and learned counsel for the State. The petitioners apprehend their arrest in a case registered for the offence under sections 341, 342, 323, 324, 307 and 379/34 of the Indian Penal Code. It is submitted that father of the informant and father of petitioner nos.1 and 2 are own brother and Title Suit being Title Suit No.210 of 2007 is pending in between the parties. On the date of occurrence itself petitioner no.2 gave information to Dumra police station on the basis of which non-first information report No.74 dated 12.6.2011 was registered and after enquiry the police submitted a report for initiating a proceeding under section 107 of the Code of Criminal Procedure. It is also submitted that the informant who is cousin of petitioner nos.1 and 2 had filed a criminal case earlier being Complaint Case No.C1-1110 of 2006 corresponding to Tr. No.496 of 2011 and in that case by judgment and order dated 18.3.2011 they were acquitted by the learned Sub.Divisional Judicial Magistrate, Sitamarhi. It is also submitted that that one of the uncle of petitioner nos.1 and 2, namely, Ram 2 Sundar Das had earlier filed Dumra P.S. Case No.224 of 2010 against petitioner no.1 in which Ram Mohan Das (brother of the informant) was a witness and the police after investigation submitted final report in that case. Lastly, it is submitted that even in the present case upon examination of informant and his wife the doctor opined that the injuries on their person were simple in nature. Learned counsel for the informant submits that though the doctor has opined the injury to be simple but the injury, as a matter of fact, has resulted in partial loss of hearing. Taking into consideration the nature of allegation, series of dispute as noted above and relationship between the parties, let the petitioners, namely, 1.Ashok Kumar Singh, 2. Manoj Kumar Singh, 3.Rupak Kumar @ Braj Bhusan Kumar and 4.Indu Devi in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with G.R. No.1490 of 2011 arising out of Dumra P.S. Case No.155 of 2011. Md.S. ( Ashwani Kumar Singh, J.)