Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31810 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Munna Sah S/o Shaheba Sah R/o Vill- Hirmani P.S Chhadano District E. Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-08-2016 Heard Sri Dhananjay Kumar, learned counsel for the petitioner and Sri Abhay Kumar Roy, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Darpa P.S. Case No.68/15 registered for the offence under Sections 341, 323, 324, 307, 448, 380, 420, 504 of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail in the event of his arrest.

Learned counsel for the petitioner, by way of referring to F.I.R. submits that the informant of the present case has lodged the present case against his in-laws as well as his own wife, namely, Sanju Devi. In the said case, the petitioner is named as accused. He submits that the petitioner is only mediator to

Patna High Court Cr.Misc. No.31810 of 2016 (2) dt.24-08-2016 2/3 solve the dispute in between the husband ( the informant) and his wife, due to this reason the petitioner has been made accused.. From the side of the petitioners, Sanju Devi an F.I.R. was also lodged vide Darpa P.S. Case No. 61/15 for the offence under Sections 341, 323, 324, 307, 498(A)/34 of the Indian Penal Code and the said F.I.R. was lodged only on 24.06.2015 and thereafter after about one month, the present F.I.R. was lodged and the petitioner has been made accused.

Learned Addl. Public Prosecutor, opposing the prayer for bail, submits that in the F.I.R., there is specific allegation against the petitioner to give iron rod blow on the head of the informant.

Keeping in view the fact that there is family dispute as well as the fact that the present F.I.R. lodged by the husband as well as the F.I.R. lodged by the wife of the informant of the present case, the Court is of the opinion that it is a fit case for grant of anticipatory bail. Let the petitioner, namely Munna Sah , in the event of his arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand ) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Darpa P.S. Case

Patna High Court Cr.Misc. No.31810 of 2016 (2) dt.24-08-2016 3/3 No.68/15, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U T