Dinesh Kumar Sah @ Chhotu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18139 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -KATIHAR District- KATIHAR ======================================================

1. Dinesh Kumar Sah @ Chhotu Son of Arun Sah

2. Chandan Kumar Sah @ Chandan Kumar Son of Arun Sah

3. Awadhesh Sah @ Awadhesh Prasad Sah Son of Late Mahabir Sah All residents of Lal Kothi Road, Larkania Tola, Near Law College, P.S.- Town, District - Katihar.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Binod Kumar Sinha, Advocate.

For the Opposite Party : Mr. Md. Ashlam Ansari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2017 Heard both sides.

The petitioners apprehend their arrest in Katihar Town P.S. Case No. 70 of 2017 registered for the offences punishable under Sections 379, 324 and some other Sections of the Indian Penal Code.

The informant alleged that the petitioners came while she along with her husband and children were opening the shop, the accused persons assaulted the informant and her family members and demanded extortion.

Learned counsel for the petitioners submits that Suresh Sah and Awadhesh Sah are own brothers. The wife of Suresh Sah earlier lodged Katihar Town P.S. Case No. 80 of 2015 in which

Patna High Court Cr.Misc. No.18139 of 2017 (3) dt.06-07-2017 2/2 she alleged that the petitioners demanded extortion. There is a counter version being Katihar Town P.S. Case No. 69 of 2017 from the side of the petitioners.

Considering the facts aforesaid and the fact that family of two brothers are fighting each other and there is land dispute, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in Katihar Town P.S. Case No. 70 of 2017, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T