Baban Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1373 of 2020 Arising Out of PS. Case No.-74 Year-2019 Thana- SURYAPUR District- Rohtas ====================================================== 1.

Baban Sah, Male, aged about 55 years, Son of Late Dudhnath Sah Resident of Village - Jalha, P.S.- Suryapura, Distt.- Rohtas. 2.

Rita Devi, Female, aged about 30 years, W/o Saroj Sah Resident of Village - Jalha, P.S.- Suryapura, Distt.- Rohtas.

3.

Dhanpato Devi, Female, aged about 50 years, W/o Baban Sah Resident of Village - Jalha, P.S.- Suryapura, Distt.- Rohtas. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Nath Singh For the Opposite Party/s :

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-02-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State.

2. Petitioners apprehend their arrest in connection with Suryapura P. S. Case No.74 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the I.P.C.

3. The first information report goes to show that it was husband of the informant, who assaulted her by means of rod and so far as petitioners are concerned, it is alleged that petitioner nos.1 and 3 instigated the husband of the informant whereas petitioner no.2 gave iron rod to informant's husband.

Patna High Court CR. MISC. No.1373 of 2020(2) dt.25-02-2020 2/2

4. Submission on behalf of the petitioners is that the informant lodged this false case against the petitioners on account of family feud.

5. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall 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 Sri Lal Bihari Paswan, learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas in connection with Suryapura P. S. Case No.74 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) vikash U T