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Patna High CourtCR. MISC./51122/2016bail granted

Amar Das And ORS v. The State Of Bihar

2016-11-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51122 of 2016 Arising Out of PS.Case No. -382 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Amar Das S/o Jitan Das

2. Sunil Das @ Sunil Kumar Das S/o Rohit Das.

3. Vikash Das S/o Ashok Das

4. Ashok Das S/o Jitan Das All are resident of Village- Tiraskund Ward No. 11, P.S.- Forbesganj, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 147, 179, 341, 323, 307, 354(B), 379, 504 and 506 of the Indian Penal Code.

Allegation is that she-goat of informant entered into the field of accused Rohit Das and when daughter of informant went to bring the she-goat, she was assaulted. The matter was placed before the Panchayat by informant's husband. Thereafter, petitioners along with Rohit Das came to informant's house and assaulted informant's husband on head with iron rod and also snatched silver chain worth Rs.3500/-.

It has been submitted on behalf of the petitioners that they have got no criminal antecedent. There is no allegation of tampering of witnesses against petitioners. It is a case and counter case between the parties. The matter has also been compromised between the parties. It is evident from the order of the Sessions

Patna High Court Cr.Misc. No.51122 of 2016 (2) dt.29-11-2016 2/2 Court. No specific overt act has been alleged against petitioners. The main allegation is against co-accused, namely, Rohit Das. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case no. 382 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T