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Patna High CourtCR. MISC./23968/2019bail granted

Kalicharan Sah v. The State Of Bihar

2019-05-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23968 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== Kalicharan Sah Son of Late Laljee Sah Resident of Village - Kawahi, P.S.- Uchkagaon, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 324, 307/34 of the Indian Penal Code. The prosecution case in brief is that while the informant along with her children was sleeping in her Sasarual, due to non fulfillment of dowry demand, the accused persons i.e. in laws, entered her room with string and knife. The informant woke up and caught Hari Sah. Thereafter, her husband indiscriminately assaulted with knife which hit on the hand and finger. When the informant cried, the accused persons fled away. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 21-01-2019.

Patna High Court CR. MISC. No.23968 of 2019(3) dt.14-05-2019 2/2 Charge sheet has already been submitted. There is allegation of assault with knife. The injury report, available in the case diary, indicates that the injuries are caused by hard and blunt substances. The injury report does not corroborate the allgation made in the FIR.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gopalganj in connection with Uchkagaon P.S. Case No. 15 of 2019. (Sudhir Singh, J) A.K.V.//- U T