Ramnath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19079 of 2024 Arising Out of PS. Case No.-216 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.
Ramnath Sah S/o Sita Ram Sah R/o Vill - Pakridayal, Tola - Jagtiya, Ward No. 2, P.S. - Pakridayal, Dist. - East Champaran 2.
Urmila Devi W/o Ramnath Sah R/o Vill - Pakridayal, Tola - Jagtiya, Ward No. 2, P.S. - Pakridayal, Dist. - East Champaran 3.
Nitesh Kumar S/o Ramnath Sah R/o Vill - Pakridayal, Tola - Jagtiya, Ward No. 2, P.S. - Pakridayal, Dist. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Adv.
For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners apprehend their arrest in connection with Pakridayal P.S. Case No. 216 of 2023 registered under Sections 341, 323, 324, 325, 307, 448, 504, 506, 379 and 34 of the Indian Penal Code.
3. As per prosecution case, due to partition dispute, these petitioners entered the house of informant and started abusing and assaulting. It is alleged that petitioner nos. 1 and 2 assaulted informant with knife and lathi, as a result of which, she sustained injuries. Petitioner no. 3 is alleged to have snatched
Patna High Court CR. MISC. No.19079 of 2024(4) dt.21-08-2024 2/3 earring of informant.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that due to partition dispute an altercation took place between the parties. Both parties are agnates inasmuch as informant is sister-in-law of petitioner no. 1. Petitioners have got clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the prayer for bail of petitioners no. 1 and 2 by contending that the injuries caused by these petitioners are grievous in nature. Hence, they do not deserve the privilege of anticipatory bail.
6. Considering the nature of injuries allegedly caused by petitioners no. 1 and 2, namely, Ramnath Sah and Urmila Devi, their prayer for bail is, accordingly, rejected.
7. So far as petitioner no. 3 is concerned, there is general and omnibus allegation against them, let petitioner no. 3, namely, Nitesh Kumar, be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran in connection with Pakridayal P.S. Case No.
Patna High Court CR. MISC. No.19079 of 2024(4) dt.21-08-2024 3/3 216 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T