Shankar Sahu @ Shankar Saw And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34015 of 2014 Arising Out of PS.Case No. -524 Year- 2013 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ======================================================

1. Shankar Sahu @ Shankar Saw Son of Late Puran Sahu

2. Rakesh Sahu @ Rakesh Saw Son of Shankar Sahu Both Resident of Village - Mahthi, P.S.- Bibhutipur, District - Samastipur

3. Shashi Bhushan Sharma Son of Raj Kumar Sharma Resident of Village - Nahan, P.S.- Bibhutipur, District - Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.37833 of 2014 Arising Out of PS.Case No. -524 Year- 2013 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ======================================================

1. Ram Sagar Sah @ Sagar Sahu Son of Late Puran Sahu

2. Avinash Shaw @ Rajesh Sahu son of Shankar Sahu

3. Mukesh Shaw @ Mukesh Sahu son of Shankar Sahu Resident of village - Mahthi, P.S. Bibhutipur, District - Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-02-2015 Both the above stated petitions arise out of Complaint Case No. 524 of 2013 in which cognizance has been taken for the offences under section 323,341,386 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State

Patna High Court Cr.Misc. No.34015 of 2014 (2) dt.12-02-2015 2/2 It would appear from perusal of the record, that Shankar Sahu @ Shankar Saw as well as Sagar Sahu had taken loan from the complainant but they did not return the loan amount within the stipulated period and when the complainant demanded the loan amount all the petitioners forcibly took his thumb impression on plain paper putting him into fear of death. Considering the aforesaid facts and circumstances as well as submissions of both the parties, both the above stated above stated petitions are allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Rosera, Samastipur, in C.R.Case No.524 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Namita/- U T