← Library
Patna High CourtCR. MISC./34950/2017bail granted

Kamala Sah And ORS v. The State Of Bihar

2017-08-10Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34950 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -BHORE District- GOPALGANJ ======================================================

1. Kamala Sah, Son of Bhirgurashan Sah,

2. Sri Ram Sah, Son of Kamala Sah,

3. Krishna Sah Son of Kamala Sah,

4. Ravindra Sah Son of Girish Sah, All resident of Village- Ramnagar , P.S.- Bhore, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-08-2017 The petitioner nos. 1, 2 and 3, namely, Kamala Sah, Sri Ram Sah and Krishna Sah have been arrested, as submitted by the learned counsel for the petitioners and as such their prayer for pre-arrest bail has become infructuous and accordingly their prayer for pre-arrest bail stands dismissed as withdrawn and now this Criminal Miscellaneous will be heard only with respect to petitioner no.4, namely, Ravindra Sah.

Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Bhore P.S. Case No. 82

Patna High Court Cr.Misc. No.34950 of 2017 (2) dt.10-08-2017 2/3 of 2017/ G.R. No. 984 of 2017 for the offences punishable under sections 341, 323, 324, 307, 379, 504 and 34 of the I.P.C. Allegedly, the accused persons started cutting bamboo at the door of the informant. The informant forbade the petitioners and others resulting they started abusing and injured him after assaulting. The petitioner is also named to have assaulted the informant. Later on specific allegation has been leveled against Sri Ram Sah and Krishna Sah and for snatching Mangalsutra and ear top the allegation is against lady accused.

Submission is of false implication and that due to petty dispute the occurrence has taken place, no offence as alleged has taken place, only simple assault has taken place, against the petitioner Ravindra Sah there is no specific allegation and as such he deserves sympathetic consideration.

The learned A.P.P. fairly submits that against the petitioner there is no specific allegation.

In the facts and circumstances as stated above, the petitioner Ravindra Sah, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. C.J.M-XII, Gopalganj in connection with

Patna High Court Cr.Misc. No.34950 of 2017 (2) dt.10-08-2017 3/3 above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T