Murari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2469 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== Murari Sah Son of Late Sita Ram Sah Resident of Village-Khairwa, P.S.- Madhuban, District-East Champaran. . .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in connection with Madhuban P.S. Case no. 124 of 2019 registered for the offence under sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

As per the allegation in the FIR, the accused persons including this petitioner are said to have assaulted the informant. It is stated that on the orders of one Dinanath Sah all the accused persons started to beat him up. Chitranjan Prasad and Harish Chandra struck with a knife and on the informant falling down it is stated that the petitioner took away Rs. 5,000/- in cash and mobile phone.

It is submitted by learned counsel for the petitioner that the allegation against the petitioner is only of having taken away Rs. 5, 000/- in cash and mobile phone while the main allegations are against the other accused persons. It is further

Patna High Court CR. MISC. No.2469 of 2020(2) dt.27-02-2020 2/2 stated that as stated in paragraph 6 of the petition the cause of false implication of the petitioner is that the informant is facing a case under section 498A of the Indian Penal Code filed by his wife and this petitioner happens to be maternal uncle of the wife of the informant namely Pinki Devi. It is further stated that the petitioner has no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Madhuban P.S. Case no. 124 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IV, Motihari, East Champaran subject to the condition as laid down under section 438(2) of Criminal Procedure Code. (Partha Sarthy, J) Prakash/- U