Patna High CourtCR. MISC./16691/2019bail granted

Fulendra Sah @ Fulen Sah v. The State Of Bihar

2019-05-13Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13086 of 2019 Arising Out of PS. Case No.-247 Year-2018 Thana- PIPRA District- Supaul ====================================================== RITA DEVI, Wife of Fulendar Sah @ Fulen Sah, Resident of VillageTulapatti, P.S.-Pipra, District-Supaul. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 16691 of 2019 Arising Out of PS. Case No.-247 Year-2018 Thana- PIPRA District- Supaul ====================================================== FULENDRA SAH @ FULEN SAH, Son of Dev Krishna Sah, Resident of Village - Tulapatti, P.S.- Pipra, Distt - Supaul. ... ... Petitioner

Versus

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

(In CRIMINAL MISCELLANEOUS No. 13086 of 2019) For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Shailendra Kumar (In CRIMINAL MISCELLANEOUS No. 16691 of 2019) For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-05-2019 Since both the cases arise out of the same P.S. case number they have been taken up together for disposal. Petitioners in both the cases seek bail in anticipation of their arrest in connection with Pipra P.S. Case No. 247 of 2018 registered for the offences punishable under Sections 341, 323, 324, 326B, 354B, 379, 504 and 34 of the Indian Penal

Patna High Court CR. MISC. No.13086 of 2019(4) dt.13-05-2019 2/3 Code.

Allegation against petitioner Rita Devi is of throwing of acid on some persons and causing acid injuries to them and allegation against petitioner Fulendra Sah is of assaulting one Lal Bahadur Choudhari by Axe.

Submission of learned counsel for the petitioners in both the cases is that as a matter of fact a case has been lodged by petitioner Fulendra Sah for assault to him and no specific allegation has been attributed against the petitioners and the injuries are simple in nature and in order to save their skin the present false and concocted case has been lodged. Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Supaul, in connection with Pipra P.S.Case No. 247 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person

Patna High Court CR. MISC. No.13086 of 2019(4) dt.13-05-2019 3/3 having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T