Guru Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14357 of 2021 Arising Out of PS. Case No.-166 Year-2020 Thana- JHAJHA District- Jamui ====================================================== 1.

GURU PRASAD SAH Son of Late Rajendra Sah Resident of VillageDhamna, P.S.- Jhajha, District- Jamui. 2.

Julia Devi @ Juhi Kumari Wife of Guru Prasad Sah Resident of VillageDhamna, P.S.- Jhajha, District- Jamui. 3.

Sawitri Devi Wife of Bablu Kumar Sah Resident of Village- Dhamna, P.S.- Jhajha, District- Jamui.

4.

Shanti Devi Wife of Rajendra Sah Resident of Village- Dhamna, P.S.- Jhajha, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in connection with Jhajha P.S. case No.166 of 2020 registered under Sections 341, 323, 354(A), 326, 504, 34 of the Indian Penal Code.

Allegation is that the accused persons assaulted the

Patna High Court CR. MISC. No.14357 of 2021(2) dt.22-12-2021 2/3 informant by means of fists, slaps and danda and petitioner No.1 and co-accused poured hot oil in the mouth of daughter of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. So far the petitioner Nos.2 to 4 are concerned, they are ladies. General and omnibus allegation has been made against the petitioner Nos. 2 to 4. No specific overt act is alleged against them.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Specific allegation of overt act is alleged against the petitioner No.1 for causing grievous injury upon the victim, which is evident from the order of the Sessions court.

Considering the facts and circumstances of the case, the petitioner Nos.2 to 4, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.14357 of 2021(2) dt.22-12-2021 3/3 learned Chief Judicial Magistrate, Jhajha in connection with Jhajha P.S. case No.166 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far the petitioner No.1 is concerned, I am not inclined to grant anticipatory bail to the petitioner No.1. The same is rejected.

If the petitioner No.1 surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) Narendra/- U T