Bhaskar Kumar Sah @ Bhargava Kumar Bhaskar And ORS v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18584 of 2019 Arising Out of PS. Case No.-818 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

BHASKAR KUMAR SAH @ BHARGAVA KUMAR BHASKAR Son of Soti Lal Sah Resident of Village - Dumaria, P.S.- Palasi, District- Araria. 2.

Nilu Kumar Sah @ Kumar Neel Kamal Son of Soti Lal Sah Resident of Village - Dumaria, P.S.- Palasi, District- Araria. 3.

Basudev Sah Son of Late Chhitan Sah Resident of Village - Sohagpur, P.S.- Palari, District- Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi Wife of Vijay Rishideo Resident of Village - Sohagpur, P.S.- Palari, District - Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 818/2017, disclosing offences under Sections 323, 379, 342, 354(A), 354(B), 380, 427, 504, 506/34 of the Indian Penal Code and Section 3 and 4 of SC/ST. Cognizance has been taken under Sections 323 and 452 of the Indian Penal Code. Allegation as per complaint petition is that the petitioners came at the door of complainant and abused her and caught her hair and dragged her in the courtyard from the room and tore her clothes. It is also alleged that they took away cash of Rs. 10,000/- and clothes worth Rs. 7,000/-.

Submission of learned counsel for the petitioners is that

Patna High Court CR. MISC. No.18584 of 2019(2) dt.05-04-2019 2/2 the falsity of the complaint case will appear from the fact that there is no mentioning in the complaint petition about the date of occurrence. Further submission is that there is land dispute between the parties and a proceeding under Section 107 Cr.P.C. is also going on and a case has also been lodged by the husband of the complainant, in which, the petitioners are on bail.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Complaint Case No. 818/2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T