Balister Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT
PATNA CRIMINAL APPEAL (SJ) No.906 of 2019 Arising Out of PS. Case No.-559 Year-2018 Thana- BAGHA DistrictWest Champaran =========================================== ===========
1. Balister Sahani (M)
2. Yogendra Sahani (M)
3. Sheela Devi (F)
4. Manju Devi (F)
5. Ramagya Sahani (M) ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s =========================================== =========== Appearance :
For the Appellant/s :
Mr.Mitali, Advocate For the Respondent/s :
Mr.Usha Kumari 1, Special P.P.
=========================================== =========== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 04-04-2019 Heard the parties.
The appellants seek anticipatory bail in connection with Bagaha (Pathkhauli) P.S.Case 559 of 2018, registered for offences punishable under Sections 341, 323, 379, 354, 504 and 34 of the Indian Penal Code and under Section 3(i) (r) of the SC/ST ( Prevention of Atrocities) Act, 1989.
The allegation as per the F.I.R. against the appellants is of assault to the wife of the informant, causing fracture of the leg of the wife of informant, when
Patna High Court CR. APP (SJ) No.906 of 2019 dt.04-04-2019 2/3 she was trying to bring her goat's kid back and also abused her by taking caste name and appellant No. 5 snatched Rs. 2000/- from the pocket of the informant.
Submission of the learned counsel for the appellants is that there is a case and counter case between the parties and no specific allegation has been attributed against the appellant No. 1 and both the parties have compromised the case and the appellants have no criminal antecedents and the allegation of snatching Rs. 2000/- from the pocket of the informant is also false and concocted. Heard learned Spl.P.P.
Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the Court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum- Special Judge, Bettiah, Eest
Patna High Court CR. APP (SJ) No.906 of 2019 dt.04-04-2019 3/3 Champaran in connection with Bagaha ( Pathkhauli) P.S.Case No. 559 of 2018, subject to condition as laid down under Section 438 of CR.P.C.
With the aforesaid direction, this appeal is allowed and the impugned order is set aside.
(Vinod Kumar Sinha, J) sudha/- AFR/NAFR CAV DATE Uploading Date Transmission Date