Harihar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30361 of 2019 Arising Out of PS. Case No.-18 Year-2018 Thana- DHURAIYA District- Banka ====================================================== 1.

HARIHAR SAH Son of Shankar Sah Resident of Village-Baijnathpur, Police Station-Dhoraiya, District-Banka.

2.

Chandan Kumar Sah @ Chandan Sah @ Chandan Kumar Son of Harihar Sah Resident of Village-Baijnathpur, Police Station-Dhoraiya, DistrictBanka. 3.

Munni Devi Wife of Harihar Sah Resident of Village-Baijnathpur, Police Station-Dhoraiya, District-Banka.

4.

Manika Devi @ Mania Devi Wife of Shankar Sah Resident of VillageBaijnathpur, Police Station-Dhoraiya, District-Banka. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-05-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dhoraiay P.S. Case No. 18 of 2018, registered for the offences punishable under Sections 341, 147, 148, 323, 427, 307, 504 and 506 of the Indian Penal Code.

Petitioners along with other co-accused persons are said to have assaulted the mother-in-law and husband of the informant by means of lathi and also petitioner Chandan Kumar assaulted on the head of her son inflecting head injury to him

Patna High Court CR. MISC. No.30361 of 2019(2) dt.07-05-2019 2/2 over right eyebrow.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. There is case and counter case between the parties. Allegation levelled against the petitioners is not specific rather general and omnibus in nature barring allegation levelled against accused Chandan Kumar of assaulting on the head of the Abhishek Kumar son of the informant by means of danda. The aforesaid injury has been found by the doctor as simple in nature and caused by hard and blunt substance. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No.18 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) T.Kr./- U T