Sangita Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.413 of 2019 Arising Out of PS. Case No.-480 Year-2018 Thana- MUFFASIL District- West Champaran ======================================================
1. Sangita Devi, aged 37 years(F), wife of Late Vishwanath Sah.
2. Gita Devi @ Jyoti Devi @ Goli Devi, aged 23 years(F), wife of Shambhu Sah @ Shambhu Prasad @ Raja Kumar.
3. Shambhu Sah @ Shambhu Prasad @ Raja Kumar, aged 29 years(M), son of Late Vishwanath Sah
4. Shankar Sah @ Shankar Prasad, aged 40 years(M), son of Late Vishwanath Sah All residents of Village- Kolhuarawa, P.S.-Motihari Town, District - East Champaran ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Umesh Chandra Verma For the Respondent/s :
Ms. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019 The appellants seek pre-arrest bail in connection with A.B.P. No.2727 of 2018 arising out of Bettiah Mufassil (Banuchapar) P.S. Case No. 480 of 2018, registered for offences punishable under Sections 341, 323, 504, 379, 34 of the Indian Penal Code and Section 3(i)(r)(ii) (v-a) of SC/ST Act. Allegation against the appellants is of abusing the informant and also assaulted him.
Submission of learned counsel for the appellants is that the allegation of abusing the informant is general in nature and so far allegation of assault is concerned, injury report shows that
Patna High Court CR. APP (SJ) No.413 of 2019 dt.05-02-2019 2/2 all injuries are simple in nature. Further, they have no criminal antecedents.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case as stated above, let appellants, above named, be surrendered within a period of six weeks and on surrender they will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, cum Special Judge, SC/ST (POA) Act, West Champaran at Bettiah, in connection with A.B.P. No.2727 of 2018 arising out of Bettiah Mufassil (Banuchapar) P.S. Case No. 480 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
Accordingly, this appeal is allowed and the impugned order is set-aside.
(Vinod Kumar Sinha, J) Amjad/- AFR/NAFR CAV DATE Uploading Date Transmission Date