Jagannath Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44922 of 2015 Arising Out of PS.Case No. -156 Year- 2015 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================

1. Jagannath Sah

2. Amarnath Sah Both sons of Late Krishnandan Sah Both R/o VillageMalikpur, P.S. Goraul, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi, Adv. For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.

22-12-2015 Heard both sides.

The petitioners apprehend their arrest in Goraul P.S. Case No. 156/2015, registered for the offences punishable under Section 436 and other sections of the Indian Penal Code. The informant Sushila Devi alleged that the petitioners and others came to search out his brother and demanded contribution for construction of temple. Baidyanath Sah is alleged to have asked for accounts of the contribution receipts. It is alleged that on such the accused persons assaulted him and petitioners are alleged to have bring kerosene oil and set ablaze the house of the informant.

It is submitted that all the allegations are false and concocted. True version is that the father of Baidyanath Sah was

Patna High Court Cr.Misc. No.44922 of 2015 (3) dt.22-12-2015 2/2 constructing temple out of his own fund. Amod Kumar, Pramod Kumar and others tried to stop construction of the temple assaulted the father of Baidyanath Sah who died on the spot. Thereafter, the informant and his family members themselves set ablaze their house in order to save their skin from murder of Krishnandan Sah. For the murder of Krishnandan Sah, Baidyanath Sah lodged Goraul P.S. Case No. 153/2015.

Considering the facts that prior to lodging of the present case, Goraul P.S. Case No. 153/2015 was registered for the death of Krishnandan Sah father of the petitioners and the present case is lodged thereafter on behalf of the accused persons of Goraual P.S. Case No. 153/2015, the petitioners, 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, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 156/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T