Dharamdeo Sao @ Dharmdeo Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63280 of 2017 Arising Out of PS. Case No.-108 Year-2017 Thana- JHAJHA District- Jamui ======================================================
1. Dharamdeo Sao @ Dharmdeo Sah
2. Bhopal Sao @ Bhupal Sah Both sons of Late Rameshwar Sao.
3. Sarita Devi wife of Bhopal Sao.
4. Seema Kumari, daughter of Bhopal Sao. All are Resident of Village- Sohjana, P.S. Jhajha, District Jamui. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party :
Mr. Sri Anil Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in connection with Jhajha P.S. Case No. 108 of 2017, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 447, 354, 505 of the Indian Penal Code.
Allegedly, when the informant was constructing a room on his own land with his wife and sons then the petitioners and other co-accused came and forbade them which was protested and then the petitioners and other co-accused started assaulting the informant, his wife and sons brutally, resulting, the wife of the informant received head injury and when villagers came
Patna High Court Cr.Misc. No.63280 of 2017(2) dt.05-02-2018 2/2 then they fled away.
Submission is of false implication and that due to land dispute the occurrence has taken place. There is case and counter case. Both sides have received injury. There is no specific allegation against the repetitions. The injury received by the wife of the informant is simple in nature vide Annexure4 and as such, petitioners deserve sympathetic consideration. The learned A.P.P. submits that injuries were found on vital part of the body.
In the facts and circumstances as stated above, considering the nature of injury simple, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui, in connection with Jhajha P.S. Case No. 108 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J.) Rajiv/- U T