Om Prakash Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19979 of 2021 Arising Out of PS. Case No.-860 Year-2020 Thana- BIHTA District- Patna ====================================================== OM PRAKASH SAO Son of Jogendra Sao @ Yogendra Prasad Sao Resident of Village- Sahar Rampur, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar Manglam, Advocate.

For the Informant : Mr. Shailesh Kumar Singh, Advocate. For the State :

Mr. Shailendran Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-10-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in a case registered for the offence punishable under Sections 448, 341, 323, 324, 307, 379, 504 & 506/34 of the Indian Penal Code.

The prosecution case, in nutshell, is that the petitioner along with other accused persons, who happened to be the relatives of her daughter-in-law (since widow), is said to have come to his house and forcibly tried to carry his minor grandson with themselves and when his family members raised objection, then all the named accused persons started making loot in his house and they also assaulted them. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.19979 of 2021(3) dt.25-10-2021 2/2 that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. As a matter of fact, the petitioner is the maternal uncle of the wife of the deceased son of the informant and he went there to attend shradha ceremony of the deceased son of the informant and he was assaulted by the family members of the informant. There is case and counter case between the parties. The petitioner has no criminal antecedent and has been languishing in custody since 03.12.2020.

Learned counsel for the informant and learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bihta P.S. Case No.860 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T