Shankar Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7457 of 2017 Arising Out of PS.Case No. -136 Year- 2014 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Shankar Sah, S/o Late Satahu Sah,
2. Mohan Sah, S/o Gopal Sah,
3. Mishri Sah @ Mishri Lal Sah, S/o Singeshwar Sah,
4. Bhutan Lal Sah, S/o Singeshwar Sah,
5. Jawahar Sah @ Jawahir Sah, S/o Gopal Sah,
6. Suresh Sah @ Suresh Kumar, S/o Gopal Sah, All are Resident of village - Dhruv Pakari, P.S.- Kalyanpur, District - East Champaran .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Bal Govind Sharma, Advocate Mr. Nafisuzzoha, Advocate For the Opposite Party : Mr. Nawal Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Kalyanpur P.S. Case No. 136 of 2014 instituted for the offence under Sections 147, 148, 149, 448, 341, 342, 323, 324, 307 and 504 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that there is no any specific allegation against petitioner nos. 2, 3, 4, 5 and 6. There is allegation against Shankar Sah (petitioner no.1) of assaulting Bhabhi of the informant, namely, Gyanti Devi
Patna High Court Cr.Misc. No.7457 of 2017 (2) dt.23-02-2017 2/2 with Dab on her head and also allegation against Mohan Sah of assaulting the informant with bamboo on his head. Both have sustained simple injury. The photo copy of injury report has been annexed as Annexure-3, which shows that simple injury has been sustained by the informant and with regard to injury no.1, the opinion was kept reserved but the injury no.1 on person of Gyanti Devi was found lacerated wound on vertax region of head 3"x1/4"xS.D, as such there was no repetition of blow on both the injured. In the circumstances, prayer of the petitioners for anticipatory bail is allowed.
In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Kalyanpur P.S. Case No. 136 of 2014, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Motihari, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Sanjay Priya, J.) ravi/- U T