Amit Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51520 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ====================================================== Amit Das, Son of Laxman Das, Resident of Village-Bahattar, P.S.- Hasanpur, District-Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 03-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hasanpur P.S. Case No.52 of 2017 registered under Sections 147, 148, 323, 324, 325, 307, 354, 379, 504 and 506 of the Indian Penal Code.

The accusation is that 5 persons, named in the F.I.R., including the petitioner, came at the shop of the informant Sushila Devi. At that time, Laxman Das started to abuse the informant. When the informant made protest then Laxman Das ordered to loot her shop and house. Thereafter, all the accused catching hold of hair of the informant, dragged her from the shop and started to

Patna High Court Cr.Misc. No.51520 of 2017 (2) dt.03-11-2017 2/3 cause assault to her through lathi and danda. When Ranjeet Das, the son of the informant, and her other family members rushed to save the informant, then Amit Das (petitioner) caused cut injury at the head of the son of the informant through Farsa. At that time, daughter-in-law, daughter and husband of the informant were also assaulted.

Learned counsel appearing on behalf of the petitioner submits that, in fact, due to some dispute, the occurrence of "Maar-Peet" took place in between the parties in which the petitioner's side also sustained injury regarding which on the basis of the written report of Meena Devi, the wife of Laxman Das (the mother of the petitioner), Hasanpur P.S. Case No.55 of 2017 was instituted against the informant and others. While there is specific allegation against the petitioner to cause cut injury at the head of the son of the informant through Farsa but the five injuries, as found on his person, are simple in nature caused by hard and blunt substance.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.51520 of 2017 (2) dt.03-11-2017 3/3 satisfaction of the Additional Chief Judicial Magistrate-III, Rosera, Samastipur, in connection with Hasanpur P.S. Case No.52 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T