Ram Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43448 of 2022 Arising Out of PS. Case No.-138 Year-2018 Thana- KASBA District- Purnia ====================================================== 1.

RAM PRASAD SAH Son of Late Bhola Sah Resident of villageTamanganj, Ward No. 16, P.S- Kasba, Dist- Purnea 2.

Ramesh Kumar Sah Son of Ram Prasad Sah Resident of village- Tamanganj, Ward No. 16, P.S- Kasba, Dist- Purnea 3.

Umesh Kumar Sah Son of Ram Prasad Sah Resident of village- Tamanganj, Ward No. 16, P.S- Kasba, Dist- Purnea 4.

Vikash Kumar Sah Son of Ram Prasad Sah Resident of village- Tamanganj, Ward No. 16, P.S- Kasba, Dist- Purnea 5.

Geeta Sah @ Gita Prasad Sah Son of late Bhola Sah Resident of villageTamanganj, Ward No. 16, P.S- Kasba, Dist- Purnea 6.

Nitesh Kumar Son of Geeta Shah Resident of village- Tamanganj, Ward No. 16, P.S- Kasba, Dist- Purnea 7.

Karan Kumar Son of Geeta Sah Resident of village- Tamanganj, Ward No. 16, P.S- Kasba, Dist- Purnea ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 354(A), 504, 506 and 34 of the Indian Penal Code and Section 12 of the POCSO Act.

Patna High Court CR. MISC. No.43448 of 2022(2) dt.29-11-2022 2/2 Petitioners are said to have abused and also threatened the informant .

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is admitted land dispute between the parties. He further submits that after inspection police has filed final form against the petitioners but the learned Court below has taken cognizance and differed the final form. He submits that there is case and counter case between the parties. He further submits that petitioners have got two criminal antecedents as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kasba P.S. Case No. 138/2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T