Sagam Lal Rishideo And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12442 of 2016 Arising Out of PS.Case No. -515 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Sagam Lal Rishideo, son of late Kamlu Rishideo

2. Subodh Rishideo son of Sagam Lal Rishideo

3. Amerika Devi wife of Sagam Lal Rishideo

4. Sanjula Devi wife of Subodh Rishideo All are residents of village-Thila Mohan Tar Tola, P.S.- Forbesganj, District-Araria .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bidhanesh Misra, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 01-04-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. On trivial issue, it has been alleged that all the petitioners caught hold one Randhir Risideo, informant and during course thereof, Subodh caught hold his neck while Sagam caught hold his waist. However, he managed to escape. Subsequently thereof, his mother Balmati Devi came, who was caught hold by all the accused persons and then was assaulted. His mother fell down and began to wriggle whereupon was lifted to Angan. From the post mortem report, Annexure-2 (though not stamped like so) it is evident that neither any kind of external ante mortem injury

Patna High Court Cr.Misc. No.12442 of 2016 (2) dt.01-04-2016 2/2 was found nor on dissection, any kind of ante mortem internal injury was traced out and on account thereof, viscera was preserved.

More particularly, no allegation has been attributed against any of the petitioners having in possession of any weapon, petitioners, namely, Sagam Lal, Subodh Rishideo, Amerika Devi and Sanjula Devi, each are directed to be released on bail in the event of their arrest/surrender within six weeks from the date of production/receipt of the order on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No. 515 of 2015 in terms of the condition as enumerated under Section 438(2) of the Cr.P.C.

(Aditya Kumar Trivedi, J) Vats/- U T