Nand Kishore Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35599 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- JADIA District- Supaul ====================================================== 1.

NAND KISHORE SAH Son of Mahabir Sah 2.

Rabin Sah @ Robin Sah @ Rabin Kumar Son of Nand Kishore Sah. 3.

Laxmi Devi Wife of Nand Kishore Sah all Resident of Village-Jadia Ward No.10, P.S.-Jadia, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections341, 323, 324, 354A, 379, 504, 506, 34 of the Indian Penal Code. Prosecution case as lodged by the informant is that the creeper plant of Jhinga has cut down by the Laxmi Devi on this time her husband brought acid from Madras and threatened to her, later on informant's husband came to house then the accused persons abuses him and making noise thereafter the accused person came with various weapon and assaulted by Dabia on her head by Nand Kishor Sah, Robin Sah assaulted

Patna High Court CR. MISC. No.35599 of 2019(3) dt.14-08-2019 2/3 with rod to her husband. When her son came then Nand Kishore Sah and Rabin Sah assaulted. Later on Nand Kishor Sah order to bring Acid after snatching her Aancal and broke it and as such he took away silver chain and threatened to sprinkle Acid after putting acid in the glass this was seen by different person. Robin Sah has took away Batua which contains Rs. 5100/-. Laxmi Devi threw Acid which hit on the body of Nand Kishor Sah, thereafter the villagers came and admitted in hospital. It has been submitted on behalf of the petitioner that the present case is counter blast of Jadia P.S. Case No. 148 of 2018 which was filed by the petitioner no. 1 for the offence under Sections 341, 323, 307, 326A, 379, 504, 506/34 I.P.C. It is further submitted that the occurrence took place on 18.09.2018 and the F.I.R. was lodged on 22.09.2018 after delay of four days.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail 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 A. C.J.M. 5th Supaul in connection

Patna High Court CR. MISC. No.35599 of 2019(3) dt.14-08-2019 3/3 with Jaida Police Station Case No. 150 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T