Shivi Sah And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3789 of 2016 Arising Out of PS.Case No. -231 Year- 2015 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Shivi Sah son of Gonar Sah

2. Rajdeo Sah son of Rameshwar Sah

3. Pappu Sah son of Ram Sah

4. Kamlesh Sah son of Laxmi Sah

5. Dilip Sah son of Rajdeo Sah

6. Menjan Sah son of Lal Sah All are resident of village - Parsahi, P.S. - Triveniganj, District - Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 25-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 504, 379/34 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act. The prosecution case is that the grand son of the informant being protested for cutting soil from the land of the informant when he was being assaulted. When the daughterin-law of the informant came to rescue then the accused persons assaulted her and snatched jewellery.

Patna High Court Cr.Misc. No.3789 of 2016 (2) dt.25-01-2016 2/2 It is submitted by learned counsel for the petitioner that in the background of land dispute the accusation has been levelled. Injury has been found to be simple and the informant has retracted from the initial version and filed a petition to that effect before the learned court below. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Triveniganj P.S. Case No. 231 of 2015 pending in the court of learned Chief Judicial Magistrate, Supaul. It is expected from the learned court below to dispose of the bail application of the petitioners preferably on the same day.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T