Shivlal Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34886 of 2019 Arising Out of PS. Case No.-87 Year-2017 Thana- BARABAR TOURIST District- Jehanabad ====================================================== 1.

SHIVLAL SAO Son of Late Moti Sao Resident of Village- Koyari Bigha, P.S.- Barabar Tourism, District- Jehanabad.

2.

Munna Sao Son of Shivlal Sao Resident of Village- Koyari Bigha, P.S.- Barabar Tourism, District- Jehanabad.

3.

Lal Babu Sao Son of Shivlal Sao Resident of Village- Koyari Bigha, P.S.- Barabar Tourism, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2019 This application, for grant of anticipatory bail, arises out of Barabar Tourism P.S. Case No. 87/2017, disclosing offences under Sections 341, 323, 325, 379, 354, 448, 504/34 of the Indian Penal Code.

Allegation is that the petitioners came variously armed and assaulted the informant by means of iron rod causing fracture injury on her head and when his son Jaiki Kumar came to save him, then he was also assaulted. Further allegation is that accused persons snatched away her golden mangalsutra and jitiya and also took away Rs. 12,000/- and also misbehaved with the female members of the family.

Patna High Court CR. MISC. No.34886 of 2019(3) dt.22-08-2019 2/2 Submission of learned counsel for the petitioners is that there is case and counter case between the parties and though it is alleged that the injury sustained by the injured is grievous in nature but that is not vital part of the body and further no specific allegation has been attributed to the petitioners.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Jehanabad, in connection with Barabar Tourism P.S. Case No. 87/2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T