Gulab Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33481 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -CHAKAMHESI District- SAMASTIPUR ======================================================
1. Gulab Sah S/o - Baiju Sah
2. Reena Devi W/o - Gulab Sah Both resident of Village-Basanpatti P.S.- Chakmehsi, Distt-Samastipur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Mukesh Kumar No-1, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-08-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 342, 353, 379 and 504/34 of the Indian Penal Code registered in connection with Chakmehshi P.S. Case No. 48 of 2016.
3. It is submitted that the petitioners have been falsely implicated owing to political enmity in view of the mother of the petitioner no. 1 contesting the Panchayat Election, 2016 for the post of Mukhiya. It is submitted that petitioner no. 1 is the owner of the vehicle which was parked in front of his house in the normal course. The accusation of having assaulted the informant and taking away of Rs. 450/- from his pocket on the face of it is improbable and ornamental.
Patna High Court Cr.Misc. No.33481 of 2016 (2) dt.29-08-2016
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Samastipur in connection with Chakmehshi P.S. Case No. 48 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Vikash Jain, J) Md. Ibrarul/BT U T