Raju Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12580 of 2020 Arising Out of PS. Case No.-454 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== 1.

Raju Sah, Son of Shankar Sah, Resident of Village - Sajjanpur, P.S.- Dariyapur, District- Saran 2.

Prem Sah, Son of Shankar Sah, Resident of Village - Sajjanpur, P.S.- Dariyapur, District- Saran 3.

Munna Sah, Son of Shankar Sah, Resident of Village - Sajjanpur, P.S.- Dariyapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-10-2020 Heard learned counsel for the petitioners and the learned A.P.P. appearing for the State through Video Conferencing.

The petitioners apprehend their arrest in connection with Dariyapur P.S. Case No. 454 of 2019, registered under Sections 447, 504, 323, 354(B), 379 and 506/34 of the Indian Penal Code.

The accusation is that at about 2 P.M., on 20.11.2019, informant, Rita Devi, was sitting at her house. At that time, Kariman Sah and Shankar Sam came at her door in drunken state and started to abuse and made demand of papers

Patna High Court CR. MISC. No.12580 of 2020(4) dt.15-10-2020 2/3 of land, on which, she replied that whenever her husband comes at the house, the paper will be provided. Thereafter, all three petitioners also came there and started to abuse and cause assault to her. In that course, they torn clothes of her sister and also snatched her gold chain and ornaments. Earlier, they also committed the offence of Marpit with her.

Learned counsel for the petitioners submits that petitioners and the informant are co-villagers and due to land dispute, the present case has been lodged with false allegation. Further submission is that while petitioners have been made accused in one another case, i.e., Dariyapur P.S. Case No. 335 of 2019, due to land dispute, but in that case, they are on bail, which would appear from the supplementary affidavit filed on behalf of the petitioners.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 the learned 2nd Additional Sessions Judge/Special Judge, Excise, Saran, Chapra, in connection with Dariyapur P.S. Case No. 454 of 2019, subject to

Patna High Court CR. MISC. No.12580 of 2020(4) dt.15-10-2020 3/3 the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T