Patna High CourtCR. APP (SJ)/1347/2016allowed

Sanni Khawa @ Sanni Khuwa And ANR v. The State Of Bihar

2017-03-18Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1347 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -THAKURGANJ District- KISANGANJ ======================================================

1. Sanni Khawa @ Sanni Khuwa, S/o Azab lal

2. Susil Kumar, S/o Sanni Khuwa, Resident of Village- Khari Basti, P.S.- Thakurganj, District- Kishanganj.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Diwakar Sinha, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 18-03-2017 Heard learned counsel for the appellants as well as learned Spl.PP.

While informant Arun Kumar Paswan had gone to protest over forcibly ploughing his field by both the appellants, who were joined by another accused, Sarwati Devi and Manuka Devi and further was abused, assaulted and during course of thereof, Susil Kumar gave sickle blow over head of Putli Devi as well as informant was also assaulted by Lathi. From the injury report of the respective injured, it is evident that informant Arun Kumar Paswan as well as Laiwati Devi have received swelling injury caused by hard and blunt substance, simple in nature. Putli Devi had sustained lacerated wound 1/6"x 1/6" x 1/6" on the head, scratches over left hand, complain of pain simple in nature but the weapon has not been

Patna High Court CR. APP (SJ) No.1347 of 2016 (4) dt.18-03-2017 identified.

Appellants happen to be under custody since 18.09.2016. Consequent thereupon, setting aside the order dated 27.09.2016 passed by Additional Sessions Judge-1st-cum-Special Judge, SC/ST, POCSO, NDPS Act, Kishanganj, appellants, Sanni Khawa @ Sanni Khuwa and Susil Kumar are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-1st-cum-Special Judge, SC/ST, POCSO, NDPS Act, Kishanganj relating to Spl. ST/SC Case No. 52/2016 arising out of Thakurganj PS Case No. 81/2016 Consequent thereupon, instant appeal is allowed. (Aditya Kumar Trivedi, J) perwez U T