Patna High CourtCR. MISC./9494/2015bail granted

Domi Sada And ORS v. State Of Bihar And ANR

2015-04-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9494 of 2015 Arising Out of PS.Case No. -1675 Year- 2013 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Domi Sada Son of Late Kishun Sada

2. Bipin Sada Son of Domi Sada

3. Doctor Sada son of Late Kishun Sada

4. Upen Sada son of Doctor Sada

5. Biran Sada son of Late Gulo Sada All residents of Village - Behta Tola - Mohanpur, P.S. - Sonbarsa, District - Saharsa. .... .... Petitioners

Versus

1. The State of Bihar.

2. Arvind Jha son of Late Balbir Jha resident of Village - Behta, P.S. - Sonbarsa Raj, District - Saharsa.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Amarnath Jha For the Opposite Parties : Mr. Smt. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 147, 149, 323, 341, 379, 384 of the I.P.C. It is alleged that accused persons cut the bamboo of the complainant and when protest was made then the complainant was abused, assaulted and extortion demand was made. The accused persons also taken away cash of Rs. 1500/, wrist watch and other household articles of the complainant.

Patna High Court Cr.Misc. No.9494 of 2015 (2) dt.20-04-2015 2/2 It is submitted by learned counsel for the petitioners that accusation is omnibus and general when the complainant has retracted from the initial version and has filed a petition to that effect before learned Court below. The same has been brought on record as Annexure-2.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Complaint Case No. 1675 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T