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Patna High CourtCR. MISC./16218/2021bail granted

Kuldeep Sada v. The State Of Bihar

2022-03-04Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16218 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- NAUHATTA District- Saharsa ====================================================== 1.

Kuldeep Sada, aged about 25 years, Gender-male, S/o Dhodhai Sada 2.

Shankar Sada, aged about 36 years, Gender-male, S/o Begnu Sada 3.

Jitan Sada, aged about 65 years, Gender-male, S/o Narayan Sada 4.

Gugali Sada, aged about 34 years, Gender-male, S/o Late Budhan Sada 5.

Naresh Sada, aged about 22 years, Gender-male, S/o Bhangi Sada 6.

Bijul Sada, aged about 60 years, Gender-male, S/o Late Budhan Sada 7.

Devanand Sada @ Muni Sada @ Puni Sada, aged about 30 years, Gendermale, S/o Feku Sada All resident of village- Paruhar, Ward No. 04, P.S.- Nauhatta, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-03-2022 Heard Mr. Binor Kumar Sinha, learned Advocate for the petitioners and learned A.P.P.

The petitioners seek bail in anticipation of their arrest in connection with Spl. Case No. 45 of 2020 arising out of Nauhatta P.S. Case No. 132 of 2020 dated 21.08.2020 instituted for the offences under Sections 341, 323, 307, 3549B), 504, 34 of the Indian Penal Code.

Three of the accused persons, who are not the petitioners here, tried to molest the Informant while she was

Patna High Court CR. MISC. No.16218 of 2021(2) dt.04-03-2022 2/3 coming back home after scraping. When her father and brother came to her rescue, all the accused persons including the petitioners assaulted them.

The learned counsel for the petitioners has submitted that an absolutely a false case has been lodged against the petitioners who have not been specifically alleged to have committed any overt act. The petitioners hail from Mahadalit community whereas the Informant and his associates are persons of dominant caste.

Learned counsel for the petitioners has further submitted that the injuries of all the victims are simple in nature.

Considering the aforenoted facts on behalf of the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1, Saharsa in connection with Special Case No. 45 of 2020 arising out of Nauhatta P.S. Case No. 132 of 2020,

Patna High Court CR. MISC. No.16218 of 2021(2) dt.04-03-2022 3/3 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) rishi/- U T