RAJIV AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed under Sec. 438 Crimial P.C. seeking concession of pre-arrest bail to the petitioners in case FIR No.186 dated 05.07.2015, under Sections 323, 341, 506, 34 of Indian Penal Code and Sections 307, 323, 148 of Penal Code added later on, registered at Police Station Sadar Narnaul, Mahendergarh.

(2.) Briefly, it may be noticed that FIR came to be registered on the statement of Dharmender Singh in relation to an occurrence dated 05.07.2015. Complainant stated that he was running a provision store in the village and at about 10:30 a.m., he along with his son, namely, Rajender was proceeding to his residence for taking a meal. Rajender was stated to be walking ahead of the complainant. Upon reaching home, complainant noticed that his son was not present and having come out of the house met Om Parkash in the street who informed him that Sandeep and Rajiv (present petitioners) had caught hold of the hand of Rajender and have taken him into their "Baithak". Complainant has stated that upon having opened the door of the "Baithak" and he found Rajiv and Sandeep inflicting blows upon his son Rajender with Sarias and Surta wife of Subash and Meena wife of Rajiv were also given leg blows. Thereupon complainant along with assistance of others rescued his son and having arranged a vehicle brought him to Civil Hospital, Narnaul.

(3.) On 14.09.2015, when this petition came up for preliminary hearing, notice of motion was issued in the following terms:-