Harilal Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6252 of 2017 Arising Out of PS.Case No. -298 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Harilal Sah, son of Sonelal Sah
2. Kamala Devi @ Kamla Devi, wife of Harilal Sah
3. Chandani Devi @ Chandani Kumari, daughter of Harilal Sah. All residents of village-Parasa Dumaria, P.S.-Majhaulia, District-West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2017 Heard the parties.
The petitioners apprehend their arrest in Majhaulia P.S. Case No.298 of 2016 registered for the offences punishable under Sections 341, 323, 324, 379 and 307 of the Indian Penal Code.
As per the FIR, the allegation against the petitioner no.1 is that he assaulted the informant by Farsa on her head, but injury is simple in nature. Allegation against the petitioner no.2 is that she snatched the golden chain from the informant. Allegation against the petitioner no.3 is that she also assaulted by lathi to the husband of informant, but there is no injury report available on the record of the case. There is a case and counter case between the parties and petitioner no.1 himself has received grievous injury.
Patna High Court Cr.Misc. No.6252 of 2017 (2) dt.17-02-2017 Heard learned A.P.P. also.
Having heard both sides. In view of the facts, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, 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 learned C.J.M., Bettiah, West Champaran in connection with Majhaulia P.S. Case No.298 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
Arvind/- (Vinod Kumar Sinha, J) U T