Sunil Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24233 of 2020 Arising Out of PS. Case No.-83 Year-2019 Thana- MAHILA P.S. District- Siwan ====================================================== SUNIL KUMAR SAH, Son of Jay Sri Sah, Resident of Village - Madakan Ke Tola, P.S.- Hussainganj, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Anuj Kr. Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 354 (B), 379, 504, 506 of the Indian Penal Code. Prosecution case in brief is that on 05.10.2019, the petitioner torn informant's cloth due to which she disrobed her modesty and the petitioner tried to commit forcefully. She made a noise and on hulla her brother namely Upendra Kumar Sah came to rescue in the meantime, the co-accused persons assaulted her family members by means of Gadasi, Iron rod, Lathi and Labada. The petitioner also snatched her Mangal Sutra and one mobile worth of Rs. 45,000/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is no specific overact against the petitioner and there

Patna High Court CR. MISC. No.24233 of 2020(3) dt.04-12-2020 2/2 is land dispute between the parties. There is case and counter case between the parties. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Learned counsel for the petitioner further submits that in the case diary, it has admitted that there is land dispute between the parties. The injury report shows that simple in nature.

Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Siwan Mahila P. S. Case No. 83 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T