Tufan Kumar Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78423 of 2018 Arising Out of PS. Case No.-264 Year-2018 Thana- BISFI District- Madhubani

1. Tufan Kumar Sah son fo Biltu Sah

2. lalu Kuamr Sah son fo Biltu Sah Sopni Devi wife of Lalu Kuamr Sah All are residnet of vilalge Itahar, P.S. Bisfi, District Madhuabni ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Bisfi (Patauna) P.S.Case no.264 of 2018/G.R.No.806 of 2018 , registered for offences punishable under Sections 147, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

Allegation as per FIR is that while the informant and his brother was returning, the petitioner surrounded him and there is further allegation against the petitioner no.1 is that he assaulted by Farsa causing some injuries.

Submission of the learned counsel for the petitioners is

Patna High Court Cr.Misc. No.78423 of 2018(2) dt.09-01-2019 2/3 that earlier to that a case had been lodged by the petitioner no.2 against the informant and with a view to save their skin, the present case has been lodged. Mo rover, the petitioner no.3 is a lady.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, so far petitioner no.1 (Tufan Kuar Sah) is concerned, he is directed to surrender before the court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own without being prejudiced by the order of this Court.

So far petitioner nos. 2 (Lalu Kumar Sah) and 3 ( Soni Devi) are concerned, let the petitioner nos. 2 and 3, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Benipatti/Incharge successor court in connection with Bisfi (Patauna) P.S.Case No.264 of 2018/G.R.No.806 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.78423 of 2018(2) dt.09-01-2019 3/3 With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U