Raghunath Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16164 of 2017 Arising Out of PS.Case No. -331 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Raghunath Sah, son of Late Chandra Sah,

2. Sujeet Kumar, son of Raghunath Sah.

3. Ajeet Kumar, Son of Raghunath Sah,

4. Mundrika Devi @ Munderika Devi, Wife of Raghunath Sah.

5. Pooja Devi, Wife of Sujeet Kumar, All are Resident of Village- Shimra, P.S. Vaishali, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate. Mr. Nilesh Kumar, Advocate.

Mr. Shashank Shekhar, Advocate.

For the State : Md. Fahimuddin, APP For the Informant : Mr. Ashish Chandra, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Vaishali P.S. Case No. 331 of 2016, registered under Sections 323, 324, 307, 325, 341, 342, 504, 354 and 379/34 of the Indian Penal Code.

The accusation is that, on 22.12.2016, petitioners armed with Farsa, sword, lathi and stick came near the house of the informant, Durga Devi, and started abuse her. When she made

protest then on the order of petitioner no. 1, Raghunath Sah, petitioner nos. 2 and 3 caused injury at her right hand through Bamboo. On raising alarm, mother-in-law of the informant came to save her then she was also assaulted by the petitioner no. 1 then fracture injury caused at her hand. Thereafter, husband of the informant came to save her then they also assaulted him and snatched Rs.25,000/- from his pocket and also snatched gold chain from the neck of the informant.

Learned counsel for the petitioner submits that occurrence took place due to land dispute, in which, petitioners' side also sustained, regarding which, Vaishali P.S. Case No. 337 of 2016 is also instituted on the basis of Fradbeyan of petitioner no. 4, Mundrika Devi. Further submission is that injuries as sustained by the informant and her family members are simple in nature except injury of Mabju Devi, which is grievous in nature at her wrist. 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 six 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 Chief Judicial Magistrate, Vaishali at Hajipur, in

connection with Vaishali P.S. Case No. 331 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T