Bipin Kumar Sah @ Bipin Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16521 of 2019 Arising Out of PS. Case No.-320 Year-2018 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Bipin Kumar Sah @ Bipin Sah Son of Vishvanath Sah Resident of Village - Raypur, P.S.- Nanpur, Distt.- Sitamarhi.

2.

Anil Kumar @ Anil Sah @ Anil Kumar Sah Son of Kari Sah Resident of Village - Raypur, P.S.- Nanpur, Distt.- Sitamarhi ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 385, 342, 323, 354(A), 447, 448, 380, 427, 504, 506 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant alongwith her husband was at her house, the accused persons having variously armed came there and started abusing and when it was protested, the accused persons tried to outrage her modesty. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Altogether 13 persons are named in the FIR including 200 unknown persons. There is land dispute between the parties and for the said reason, the

Patna High Court CR. MISC. No.16521 of 2019(2) dt.15-03-2019 2/2 petitioners have been made accused in the present case. There is case and counter case between the parties. The other co-accused namely Kari Sah with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 05-02-2019 passed in Cr. Misc. No. 6418 of 2019.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate (P), Sitamarhi in connection with Nanpur P.S. Case No. 320 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T