Guddu Sah @ Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14353 of 2024 Arising Out of PS. Case No.-662 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.
GUDDU SAH @ GUDDU KUMAR, aged about 20 years, Male, S/O RAMESHWAR SAH 2.
RAMBABU SAH, aged about 33 years, Gender, Male, S/O LATE SHIV MANGAL SAH 3.
NANDLAL SAH, aged about 40 years, Gender, Male, S/O LATE SHIV MANGAL SAH All are R/O VILLAGE- CHANDARHIYA, P.S- MUFFASIL, DISTT.- EAST CHAMPARAN AT MOTIHARI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar, Advocate For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2024 Heard Mr. Binay Kumar, learned counsel appearing on behalf of the petitioners and Mr. Awadhesh Kumar Singh, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Muffasil P.S. Case No. 662 of 2023 dated 14.09.2023 registered for the offence(s) punishable under Sections 147, 149, 341, 323, 324, 354, 379 and 504 of the Indian Penal Code.
3. As per the allegation made in the FIR, the accused persons including the petitioners have assaulted the informant, his sons and his daughter-in-law and they also took away
Patna High Court CR. MISC. No.14353 of 2024(2) dt.12-03-2024 2/3 Rs.15,000/- and ornaments of the daughter-in-law of the informant.
4. Learned counsel appearing on behalf of the petitioners submitted that the allegation made against petitioners no.1 and 2 is that of snatching Rs.15,000/-, ornaments worth Rs.80,000/- and Mangal sutra respectively, while allegation against petitioner no.3 is of assaulting the daughter-in-law of the informant on her abdomen with an intention to cause miscarriage. Petitioners have clean antecedents.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submission made on behalf of the parties, as well as, the nature of allegation made in the FIR, it appears that the allegation against petitioner no.1 and 2 is of snatching money and Mangalsutra of the daughter-in-law of the informant and against petitioner no.3 is of assaulting the daughter-in-law of the informant and the said offence is bailable, petitioners are directed to give their individual undertaking that they will not indulge in such criminal act in future before the District Court. In case such affidavit is filed on behalf of the petitioners, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their
Patna High Court CR. MISC. No.14353 of 2024(2) dt.12-03-2024 3/3 arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Mothihari, East Champaran in connection with Muffasil P.S. Case No. 662 of 2023 , subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. With the aforesaid observation/direction, the bail application stands disposed of.
(Purnendu Singh, J) Sanjay/- U T