Sikandar Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49139 of 2021 Arising Out of PS. Case No.-307 Year-2020 Thana- ALOULI District- Khagaria ====================================================== 1.

SIKANDAR SADA Son of Ramsagar Sada Resident of Village- Lalpur (Larhi), P.S.- Allauli, District- Khagaria.

2.

Mahendra Sada Son of Ramsagar Sada Resident of Village- Lalpur (Larhi), P.S.- Allauli, District- Khagaria.

3.

Sulen Sada @ Surendra Sadaa Son of Ramsagar Sada Resident of VillageLalpur (Larhi), P.S.- Allauli, District- Khagaria. 4.

Prakash Sada Son of Late Bahadur Sada Resident of Village- Lalpur (Larhi), P.S.- Allauli, District- Khagaria.

5.

Sanoj Sada Son of Mahendra Sada Resident of Village- Lalpur (Larhi), P.S.- Allauli, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 307, 379 & other allied sections of the Indian Penal Code.

As per the F.I.R., on 30.07.2020, the accused persons came at the house of informant, abused and caused head injury to informant and when wife of informant came there, she was also assaulted and some indecent assault was committed against her.

It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case and no such

Patna High Court CR. MISC. No.49139 of 2021(2) dt.21-06-2022 2/2 occurrence, as alleged in the F.I.R., took place. The alleged date of occurrence is 30.07.2020, but complaint petition was filed on 18.08.2020 without there being any plausible explanation of delay and thereafter, F.I.R. was lodged on 04.10.2020. There is general and omnibus allegation. The allegation of theft is ornamental to make the offence grievous. The injury has been found to be simple in nature. Petitioners claim clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Alauli P.S. Case No. 307 of 2020, G.R. No. 2999 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T