Arun Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9951 of 2018 Arising Out of PS. Case No.-83 Year-2017 Thana- PUSA District- Samastipur ======================================================

1. Arun Sah son of late Hari Sah

2. Sona Babu, son of Arun Sah Both are residents of village Mahmadda, P.S. Pusa, Dist. Samastipur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Srivastava For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Pusa P.S. case no. 83 of 2017 instituted for the offence under Section(s) 341, 323, 325, 307, 354, 379, 504 and 506/34 of the Indian Penal Code. It is alleged in the written report that on the date of occurrence petitioner no.1 assaulted the informant with iron rod causing injury in her hand. It is further alleged that petitioner no.1 assaulted with iron rod on head of the informant causing head injury. It is further alleged that the husband of the informant came to save her then petitioners assaulted her

Patna High Court Cr.Misc. No.9951 of 2018(2) dt.21-02-2018 2/3 husband and petitioner no.2 snatched her Mangalsutra. The injury reports of the informant and husband of the informant has been annexed as Annexure-4 and 5 to this bail petition wherein the doctor has found the injury to be simple in nature on their person.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Pusa P.S. case no. 83 of 2017 , they shall be released on anticipatory 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 CJM Samastipur, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the

Patna High Court Cr.Misc. No.9951 of 2018(2) dt.21-02-2018 3/3 petitioners.

(Sanjay Priya, J) shyambihari/- U T