Sahdeo Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33101 of 2017 Arising Out of PS.Case No. -194 Year- 2016 Thana -LAXMIPUR District- JAMUI ====================================================== Sahdeo Das, Son of Biranchi Das, Resident of Village- Sakal Sindurba Tola, Police Station- Laxmipur, District- Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Sahay For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 20-07-2017 Heard the learned counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with Laxmipur P.S. Case no. 194 of 2016 registered for the offence punishable under Sections 323, 324, 307 and 504/34 of the Indian Penal Code.

The informant has alleged that on 13.10.2016 when she was at her house, this petitioner along with his family members came and assaulted. This petitioner assaulted her on his head by Tangi.

It has been submitted that on account of land dispute, a scuffle took place between both the parties. The doctor found simple injury on the head of the informant caused by hard and

Patna High Court Cr.Misc. No.33101 of 2017 (2) dt.20-07-2017 2/2 blunt substance. Admittedly, there is land dispute. The allegation of assault is omnibus and so he deserves bail. The learned APP, on the other hand, opposed the submissions.

On perusal of the written report, it appears that the petitioner and other co-accuseds are agnate and descendants of common ancestor. This petitioner allegedly assaulted the informant on her head. There is no repetition of blow and the doctor has found two injuries which are lacerated and bruise. The injury no. 1 is simple in nature and the opinion was reserved as regards injury no. 2. The petitioner is in custody since 30.05.2017 having clean antecedent.

Considering the facts and circumstances of the case, the bail prayer of this petitioner is allowed. The above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Laxmipur P.S. Case no. 194 of 2016. (Sanjay Kumar, J) rohit/- U T