Pramod Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2095 of 2017 Arising Out of PS.Case No. -259 Year- 2016 Thana -NANHPUR District- SITAMARHI ======================================================

1. Pramod Sah, son of Hari Nandan Sah,

2. Manish Kumar, son of Hari Nandan Sah, both are resident of village - Mohni, P.S. - Nanpur, District - Sitamarhi.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nanpur P.S. Case no. 259 of 2016, registered under Sections 147, 149, 341, 323, 354, 379, 504 and 506 of the Indian Penal Code. The accusation is that seven persons named in the F.I.R., including the petitioners, were cutting banana from the banana orchard of the informant, but Priti Kumari, daughter of the informant suddenly reached there and made protest. Thereafter, petitioner No.1 caught hold her hand and petitioner No.2 tried to torn her cloths, whereas Harinandan caught hold her hair and laid her on the earth. At that time, petitioner No.1 snatched the golden ornament from the neck of her daughter. When informant rushed to save her then son-in-law of coaccused Harinandan Sah caught hold her and laid her on the earth and

Patna High Court Cr.Misc. No.2095 of 2017 (2) dt.31-01-2017 2/2 cause assault and all of them also took away banana from her orchard. Learned counsel for the petitioners submits that, in fact, there is land dispute in which banana orchard is situated and on the date of occurrence hot talks were exchanged due to claiming of the banana orchard by the informant and thereafter, the informant lodged the present case.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 259 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T