Shambhu Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25467 of 2016 Arising Out of PS.Case No. -170 Year- 2014 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shambhu Sah S/o late Laxman Sah, aged about 45 years.

2. Chandan Sah S/o Shambhu Sah, aged about 28 years.

3. Kundan Kumar S/o Shambhu Sah, aged about 26 years. All residents of Village - Bairiya, P.S. - Bairiya, Distt - West Champaran. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner/s : Mr. Ambika Bhagat, Advocate. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2016 The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323 and 504/34 of the Indian Penal Code and 3(i)(x) of the SC/ST Act.

The prosecution case is that the informant used to supply electricity by operating generator sets. On 21.07.2014, when the informant went to ask the charges for the energy supplied to the petitioner no.1 Shambhu Sah, he refused to pay the charges and started abusing by calling caste names. Petitioner nos. 2 and 3 Chandan Sah and Kundan Sah also assaulted the informant with fists and slaps and petitioner no. 2 Chandan Sah took Rs.

Patna High Court Cr.Misc. No.25467 of 2016 (2) dt.23-06-2016 2/3 3500/- from his pocket.

It is submitted by the learned counsel for the petitioner that petitioner no. 3 Kundan Sah has got married with the daughter of the informant's brother, namely, Radheyshyam Baitha and Bairiya P. S. Case No. 101/14 was registered against the petitioners under Section 366(A) of the Indian Penal Code. Pursuance to that, the daughter of the informant's brother did not support the accusation and hence the petitioners were granted bail in the said case and in the background of litigated relationship between the parties, the accusation has been levelled. It is further submitted by learned counsel for the petitioner that investigation is complete and chargesheet has been submitted.

Considering the submission of the parties and keeping in view the nature of accusation levelled in the background of litigated relationship between the parties, let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned Court below within a period of six weeks from today in connection with Trial No. 1941 of 2016 arising out of Bairiya P.S. Case No. 170 of 2014 from the court of learned Judicial Magistrate 1st Class, Bettiah, West

Patna High Court Cr.Misc. No.25467 of 2016 (2) dt.23-06-2016 3/3 Champaran.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J.) Mishra/- U T