Subhash Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 42560 of 2016 Arising out of P.S. Case No. - 180 Year - 2016 Thana - SIMRI BAKHTIARPUR District - SAHARSA ======================================================
1. Subhash Sah, Son of Arun Sah
2. Arun Sah, Son of Late Ramji Sah
3. Madhu Kumari @ Madhu Devi, D/o Jagarnath Sah
4. Ahilya Devi, W/O Arun Sah
5. Kushma Devi, W/O Jagarath Sah
6. Anil Sah, Son of Late Ramji Sah
7. Pratibha Devi, Wife of Anil Sah
8. Renu Devi, Wife of Subhash Sah, All are Resident of Village - Lagma, Police Station - Simri Bakhtiyarpur and District - Saharsa .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Kumar Goutam, Advocate For the Opposite Party : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-10-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Simri Bakhtiyarpur P.S. Case No. 180 of 2016, disclosing offences under Sections 341, 323, 324, 379, 354 and 504 of the Indian Penal Code.
The informant and the petitioners are agnates. The petitioners belong to the same family. They are said to have assaulted the informant and family members with Lathi, Danda and Khanti etc.
Learned counsel for the petitioners has submitted that
Patna High Court Cr.Misc. No.42560 of 2016 (2) dt.18-10-2016 2/2 there is a counter case for the same occurrence registered on the same day. It has further been submitted that considering the nature of dispute between the petitioners and the informant, no tangible purpose will be served if the petitioners are taken into custody. Considering the above submissions, this application is allowed. Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Simri Bakhtiyarpur P.S. Case No. 180 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the court below on two consecutive occasions, their bail bond shall be liable to be cancelled.
Kundan c (Chakradhari Sharan Singh, J.) U T