Hanuman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25677 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -JHANJHARPUR District- MADHUBANI ====================================================== Hanuman Sah, son of Bindeshwar Sah, Resident of village- Parsa, P.S. Jhanjharpur, (Araria Sangram O.P.) District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Jagdhar Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 18.04.2015 in a case registered for the offences punishable under Sections 341, 323, 324, 384, 385, 386, 379, 307 and 504/34 of the Indian Penal Code.

The prosecution case is that while the informant was getting the drainage constructed then this petitioner and Hare Ram Sah came and demanded extortion of Rs.10,000/-. Thereafter this petitioner brought a Farsa and assaulted on the head of the informant and co-accused Hare Ram Sah snatched Rs.7000/- from the pocket of the nformant when the son of the informant Jai Shankar Sah came to rescue then he was assaulted

Patna High Court Cr.Misc. No.25677 of 2015 (2) dt.23-07-2015 2/2 by Hare Ram Sah with iron rod.

It is submitted by learned counsel for the petitioner that the injury report of the informant reflects one lacerated injury caused by hard and blunt substance though the accusation of assault is by sharp cutting weapon and subsequently the informant has retracted from the initial version and filed a petition to that effect before the learned court below. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, District - Madhubani in connection with Jhanjharpur (Araria Sangram) P.S. Case No. 53 of 2015. (Dinesh Kumar Singh, J) DKS/- U T