Prabhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4509 of 2020 Arising Out of PS. Case No.-370 Year-2019 Thana- CHAKIA District- East Champaran ====================================================== PRABHU SAH, Son of Late Umesh Sah Resident of Ramdiha, P.S.- Chakia, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Jha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-05-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Chakia P.S. Case No. 370 of 2019, registered under Sections 341, 323, 325, 324, 307, 504 and 379/34 of the Indian Penal Code.

The accusation is that on 30.10.2019 at about 8.00 P.M., seven persons named in the F.I.R., including the petitioner, having armed with iron rod and Farsa in their hands came near the informant Prem Prasad Sah and stated to abuse. At that time, all started to cause assault to Rashmi Devi, daughter-in-law of informant, when informant made protest then Ranjan Kumar untied Gamchha on the neck of Rashmi Devi and started to pull her, when she raised alarm then Rakesh Kumar, son of informant rushed there on which Prabhu Sah (Petitioner) and his wife Shiya Devi started

Patna High Court CR. MISC. No.4509 of 2020(3) dt.29-05-2020 2/2 assaulting through iron rod in which informant received injury at his shoulder and head. At that time, Shiya Devi also caused injury through iron rod at the head of Rakesh Kumar, son of informant. At that time, Priyanka Devi snatched gold chain and Mangalsutra from the neck of Rashmi Devi, daughter-inlaw of informant. Learned counsel for the petitioner submits that occurrence of Marpit took place due to petty dispute in which slight injury was received by the informant, which is said to be caused by petitioner. In medical examination of Prem Kumar two injuries were found. Injury No.1 is lacerated wound over scalp in parietal region, which is said to be grievous in nature, while injury no.2 is bruise over the shoulder, which is simple in nature. The petitioner has no criminal antecedent and he is in custody since 17.11.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Chamnparan in connection with Chakia P.S. Case No. 370 of 2019.

(Rajendra Kumar Mishra, J) manish/- U T