Sheo Sah @ Shiv Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28273 of 2016 Arising Out of PS.Case No. -218 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Sheo Sah @ Shiv Sah S/o Kamal Sah

2. Sanjit Kumar @ Sanjit Sah S/o - Shiv Sah

3. Krishna Devi S/o - Shiv Sah All R/o - Village - Singaila Shankar Tola, P.S. - Motipur, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Manoj For the Opposite Party/s : Mr. Uma Shanker Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 34 of the Indian Penal Code and under sections 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that on 28.07.2015 the she-goat of the informant went to the filed of petitioner No.1, Sheo Sah and when she went to bring the she-goat petitioner No.1 and his son, Sanjit Kumar (petitioner No.2), starting abusing the informant calling her caste name and when informant made protest petitioner No.1 ordered to kill and then petitioner No.2 inflicted lathi blow

Patna High Court Cr.Misc. No.28273 of 2016 (2) dt.14-07-2016 2/2 on her head. Petitioner No.3 snatched golden chain from the neck of informant.

It is submitted by the learned counsel for the petitioners that on a petty dispute the occurrence took place. The impugned order reflects that there is no injury report in the case diary which suggests that no substantial injury has been caused. Statement has been in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, West, Muzaffarpur in connection with Motipur P.S. Case No. 218 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T