Ganouri Sah @ Ganauri Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14501 of 2022 Arising Out of PS. Case No.-486 Year-2021 Thana- AMARPUR District- Banka ====================================================== 1.
GANOURI SAH @ GANAURI SAH Son of Late Biro Sah Resident of village - Galimpur, Police Station - Amarpur, District - Banka. 2.
Kundan Kumar Son of Saryug Sah Resident of village - Galimpur, Police Station - Amarpur, District - Banka.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 379, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 07.10.2021 at 8:00 AM, the informant's sister had gone to attend nature's call when Chandan Kumar intercepted her, started behaving inappropriately, on which the victim ran back home and disclosed the occurrence, it is next alleged that informant on coming to know about the occurrence
Patna High Court CR. MISC. No.14501 of 2022(2) dt.19-09-2022 2/3 went to the house of Chandan Kumar and rebuked him, when on account of this the accused persons, including the petitioners, abused the informant and assaulted him with lathi and stick causing injury on his head and when informant's brother intervened petitioner no. 2 assaulted him with an iron rod on his head causing injury further the accused persons snatched Rs. 5,000/- from the informant.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, merely because they are related to Chandan Kumar, it is next submitted that petitioner no. 1 is a senior citizen aged about 75 years and Kundan Kumar is a young boy aged about 20 years and is brother of Chandan Kumar, it is next submitted that from perusal of Annexure-2 series, it would manifest that the injuries suffered by the injured are simple in nature, it is also submitted that one of the injured, namely Sita Devi, was also examined and she had received injury on her left arm and the injury report records that the opinion has been reserved, it is next submitted that even presuming what has been alleged is true without admitting then also the injuries are simple and as far as Sita Devi is concerned, her injury is on non-vital part of the body. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.14501 of 2022(2) dt.19-09-2022 3/3 anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Amarpur P.S. Case No. 486 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T