Arjun Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.129 of 2018 Arising Out of PS.Case No. -108 Year- 2017 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Arjun Sah, S/o Late Baldeo Sah.

2. Raubi Devi, W/o Dilip Sah.

3. Shobha Devi, W/o Manoj Sah.

4. Bijli Devi, W/o Dashrath Sah.

5. Kala Devi, W/o Pawan Sah, Al residents of Village- Keshopur, P.S. Alamnagar, District- Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2018 Heard both sides.

The petitioners apprehend their arrest in Alamnagar P.S. Case No.108 of 2017 registered under Sections 341, 323, 324, 325, 307,, 427, 504, 506, 34 of the Indian Penal Code. The informant, Mahesh Sao, named all together 15 persons in the FIR and made omnibus and general allegation that they all assaulted informant and his family members.

The learned counsel for the petitioner submits that there is counter version being Alamnagar P.S. Case No.107 of 2017 on account of land dispute. There is mutual scuffle between two sides. Both the sides are neighbors to each other. It is further

Patna High Court Cr.Misc. No.129 of 2018 (2) dt.15-01-2018 2/2 submitted that the injury report of the informant and two others shows that they all got simple injury. It would also appear from the order of the learned Sessions Judge. Petitioner No.2 to 5 are ladies.

Considering the fact that there is no specific allegation of assault against the petitioner and on account of land dispute, there is a case and counter case, it appears that both the sides entered into scuffle with each other but the injury found on the informant and other are simple in nature, al the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt / production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M.,Uda-Kishunganj, Dist.-Madhepura in connection with Alamnagar P.S. Case No.108 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Sanjeev/- (Prabhat Kumar Jha, J) U