Ajay Kumar Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54714 of 2017 Arising Out of PS.Case No. -442 Year- 2017 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Ajay Kumar Sah, Son of Late Nathuni Sah

2. Khushbhu Kumari @ Khushbu Rani, Wife of Deepak Gupta Daughter of Ajay Kumar Sah.

3. Pushpa Rani @ Pushpa Devi @ Devi, Wife of Ajay Kumar Sah

4. Kajal Kumari, Daughter of Ajay Kumar Sah, All are resident of Mohalla Har da Bazar, P.S. K. Hat (Maranga), District- Purnia. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-01-2018 Heard the learned counsels for the petitioners, the informant and the State.

The petitioners seek bail in anticipation of their arrest in connection with K. Hat P.S. Case No. 442 of 2017 dated 24.06.2017 instituted for the offences under Sections 341, 323, 379, 448, 307 and 504/34 of the Indian Penal Code. It has been alleged in the F.I.R. that in the dead of the night, the informant was made to open the door of his house, whereupon three persons, viz. Vivek Jaiswal, Rahul Kumar and petitioner no. 1 entered into the house and Rahul Kumar assaulted the wife of the informant by means of an iron rod. When the daughter of the informant wanted to come to rescue, she was assaulted by Vivek Kumar by the butt of a pistol. Thereafter, it was

Patna High Court Cr.Misc. No.54714 of 2017 (3) dt.18-01-2018 2/2 alleged that the informant and his son were assaulted by the petitioners leading to injuries on their persons. The informant and others claim to have become unconscious. Certain valuables of the house were also allegedly taken away by the accused persons, including the petitioners.

Learned counsel for the petitioners has drawn the attention of this Court to Annexure-2, which is a counter case lodged by one of the petitioners of this case, viz. Khusboo. The petitioners are not alleged to have assaulted the wife of the informant by iron rod. There appears to be a dispute between two families, for which the present case has been lodged.

Considering the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, subject to their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Hat P.S. Case No. 442/2017.

(Ashutosh Kumar, J.) Rakhi U T