Ram Bilash Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12697 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -MAHILA PS District- DARBHANGA ======================================================
1. Ram Bilash Sah, S/o late Kari Sah,
2. Birju Sah @ Birju Kumar,
3. Bikram Sah @ Bikram Kumar, Both 2 and 3 sons of Ram Bilash Sah.
4. Lal Babu Sah @ Lal Babu Kumar Sah, S/o Ram Babu Sah, All R/o Mohalla- Bhathiyarisaraia, P.S.- Laheriasarai, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Das For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2017 Heard both sides.
The petitioners apprehend their arrest in Mahila P.S. Case no. 63 of 2016 for the offences punishable under Sections 147, 148, 504, 448, 323, 354 of the Indian Penal Code. The informant alleged that some guests came at the house and for their reception the informant told her son to bring cold drink and chips from Shyam Kirana Store. It is further alleged that the informant's son gave money to the shopkeeper and took a packet of chips and cold drinks and told to refund the rest amount but the petitioners denied to have taken the money and assaulted her son. The husband of the informant went to the shop
Patna High Court Cr.Misc. No.12697 of 2017 (6) dt.29-06-2017 2/2 alongwith his son and got the articles after paying price. It is further alleged that after sometime the petitioners and others came and assaulted the informant.
Learned counsel for the petitioner submits that occurrence took place on 11.7.2016 but the F.I.R. was lodged on 15.7.2016. The petitioners have no criminal antecedent. Considering the facts aforesaid and the facts that it appears that on account of payment of price cold drink and chips some altercation took place and the case was lodged after many days the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga in connection with Mahila P.S. Case No. 63/16, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Amit/- U T