Rambabu Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8874 of 2016 Arising Out of PS.Case No. -100 Year- 2015 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rambabu Sah Son of Late Deo Narayan Sah
2. Prakash Kumar Son of Chulhai Sah
3. Ramanand Sah Son of Ram Surat Sah
4. Shyam Babu Sah Son of Ram Surat Sah
5. Sunil Kumar Son of Ram Babu Sah All resident of village - Jhitakahiya, Police Station - Rajepur, District - East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,307,379,447,504 and 354 of the Indian Penal Code.
The prosecution case is that on 26.7.2015 at 4 P.M. the informant was at his door, in the meantime the accused persons including the petitioners came variously armed and started abusing. On protest being made by the mother of the informant, co accused Shanti Devi and Sumitra Devi caught
Patna High Court Cr.Misc. No.8874 of 2016 (2) dt.25-02-2016 2/3 her hair and knocked her down and the accused persons assaulted with fists and slaps. When the informant came to rescue his mother the co accused Vikas Kumar assaulted him with iron rod on head when the sister of the informant came to rescue, she was also assaulted.
It is submitted by the learned counsel for the petitioners that the case lodged by the petitioners side is at earlier in point of time and the accusation of assault is specific against Shanti Devi, Sumitra Devi and Vikas Kumar. The accusation of assault is not specific against the petitioners though petitioner Shyambabu Sah alleged to have snatched the Mangalsutra of the informant's sister.
Considering the case lodged by the petitioners side at earlier point of time and Statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, East Champaran at Motihari in connection with Rajepur P.S. Case No.100 of 2015 subject to the
Patna High Court Cr.Misc. No.8874 of 2016 (2) dt.25-02-2016 3/3 conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T