Ram Briksha Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21746 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

RAM BRIKSHA SAH Son of Visho Sah 2.

Dipak Sah @ Dipak Kumar, 3.

Sipak Sah @ Sipak Kumar All sons of Visho Sah Resident of Village-Jahangir Baisi, Police StationRangra (O.P.), District-Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-05-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Gopalpur (Rangra O.P.) P.S. Case No. 214 of 2018, instituted for the offence under Section(s) 341, 323, 324, 307, 448, 380, 504 and 506/34 of Indian Penal Code.

It is alleged in the written report that sisters of the informant namely, Sapna Kumari and Rubi Kumari were going to ration shop of Pramod Sah. When they reached near the house of Bisho Sah, petitioners brought them to his Verandah and petitioner No. 3 assaulted Sapna Kumari on her head causing serious injury to her. When sisters of the informant

Patna High Court CR. MISC. No.21746 of 2019(3) dt.30-05-2019 2/3 started crying, the informant along with his family members reached there. It is further alleged that other accused persons as named in the written report also assaulted the informant and his family members.

Case diary has been received.

The injury report of Sapna Kumari is available in the case diary wherein the Doctor has found the injuries on her person to be grievous in nature caused by hard and blunt substance. The C.T. Scan of brain shows fracture in right frontal cortex. There is direct allegation against petitioner No. 3 of causing injury on the head of sister of the informant namely, Sapna Kumar with axe.

Therefore, this Court is not inclined to grant bail to petitioner No. 3.

Prayer of the petitioner No. 3 for grant of bail stands rejected.

So far petitioner Nos. 1 and 2 are concerned, there is no direct allegation of assault against them. Therefore, prayer of the petitioner Nos. 1 and 2 for grant of bail is allowed. Let the petitioner Nos. 1 and 2 above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.21746 of 2019(3) dt.30-05-2019 3/3 learned Additional Chief Judicial Magistrate-III, Naugachhia, Distt. Bhagalpur, in connection with Gopalpur (Rangra O.P.) P.S. Case No. 214 of 2018, subject to the condition that both the bailors will be close relatives of the petitioners.

(Sanjay Priya, J) S.Ali/- U T