Patna High CourtCR. MISC./10141/2015rejected

Shyam Sundar Sah And ORS. v. The State Of Bihar

2015-03-13Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.10141 of 2015 (2) dt.13-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10141 of 2015 Arising Out of PS.Case No. -107 Year- 2013 Thana -LAUKHI District- MADHUBANI ======================================================

1. Shyam Sundar Sah

2. Bindi Sah @ Ramshebak Prasad Sah Both sons of late Janak Lal Sah

3. Lila Sahu @ Liladhar Sahu

4. Santosh Sah @ Santosh Sahu Both sons of Ramji Sah

5. Bachchu Sah @ Sanjay Kumar Gupta Son of Shyam Sundar Sah All residents of Village - Barahaiya, Khikhripatti, P.S. Laukahi, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 13.03.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

There is allegation against these petitioners that they assaulted the informant and others who happen to be ladies. Informant sustained injuries including grievous injury said to be caused by hard and blunt substance.

The contention on behalf of the petitioners is that there is case and counter case between the parties and persons from both sides sustained injuries. It is further contended by him that no incised wound was found on the person of the informant. Considering the facts and circumstances as well as submissions of the parties, particularly, keeping in mind that the

Patna High Court Cr.Misc. No.10141 of 2015 (2) dt.13-03-2015 petitioners badly assaulted the informant and others who are ladies, I am not inclined to grant privilege of anticipatory bail to the petitioners and accordingly, their prayer for anticipatory bail in connection with Laukahi P.S. Case no. 107/2013 pending in the court of the Addl. Chief Judicial Magistrate, Jhanjharpur District Madhubani stands rejected.

However, if petitioners surrender within four weeks from today and seek regular bail, their regular bail application shall be considered on its own merit without being prejudiced by this rejection order.

shahid (Hemant Kumar Srivastava,J) U T