Mahesh Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30643 of 2017 Arising out of P.S. Case No.128 Year 2016 Thana MAHESI District EASTCHAMPARAN (MOTIHARI) ======================================================

1. Mahesh Sah, son of Bachchu Sah,

2. Sukdeo Sah @ Sukhdeo Sah, son of Jhapas Sah,

3. Tuntun Sah @ Tuntun Kumar, son of Sukdeo Sah @ Sukhdeo Sah,

4. Dudhnath Sah, son of Ramchandra Sah, All residents of VillageMithanpur, P.S.- Mehsi, District- East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-07-2017 Heard learned counsel for the petitioners and the learned APP appearing on behalf of the State. Petitioners apprehend their arrest in connection with Mehsi P.S. Case No.128 of 2016 registered under Sections 323, 341, 324, 307, 379, 354, 328, 447, 504, 34 of the Indian Penal Code and Sections 3/4 of the Dian Act.

Allegation is that all the accused persons alleged the informant's wife as a Dian and made an attempt to put in her mouth human waste, when informant protested, one of the accused Umesh Sah assaulted on the head of the informant's father and Ganeshi Sah assaulted over the head of the informant's brother causing injury to them.

Patna High Court Cr.Misc. No.30643 of 2017 (2) dt.12-07-2017 2 / 2 Learned counsel appearing on behalf of the petitioners submits that the petitioners and informant are agnates and due to property dispute relating to partition, all family members have been falsely implicated though there is no specific allegation of assault against these petitioners and that is against the two accused Umesh Sah and Ganeshi Sah, not petitioners before this Court and the petitioners have got no criminal antecedent. Having considered the said facts and circumstances, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let petitioners, named above, 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 the learned 6th Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Mehsi P.S. Case No.128 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Arun Kumar, J.) S.Kumar/- U T