Patna High CourtCR. MISC./48943/2015partly allowed disposal

Sita Ram Sah And ORS v. The State Of Bihar

2015-11-10Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48943 of 2015 Arising Out of PS. Case No. -74 Year- 2015 Thana -PAKRIDAYAL District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Sita Ram Sah, Son of Late Kedar Sah,

2. Bilashi Devi, Wife of Late Kedar Sah,

3. Mintu Sah @ Mintu Kumar,

4. Guddu Sah @ Guddu Kumar, Both sons of Sita Ram Sah,

5. Kishmati Devi, wife of Sita Ram Sah, All residents of village - Banjhula, Bhagwanpur, P.S.- Pakarideyal, District - East Champaran. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. M.Rab (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case under Sections 341, 323, 324, 307, 504, 379/34 of the Indian Penal Code.

The informant alleged that Sitaram Sah hurled Kulhari on the head of his wife, whereas Mintu Sah also assaulted his wife with Iron rod. Guddu Sah assaulted the informant with Farsa on the head.

Learned counsel for the petitioners submits that the injuries sustained by the informant's wife and the informant are simple in nature. He further submits that there is a case and

Patna High Court Cr.Misc. No.48943 of 2015 (2) dt.10-11-2015 2 / 2 counter case instituted by petitioner no.2 Bilashi Devi against the informant and others (Annexure-2). He further submits that Bilashi Devi (petitioner no.2) sustained injury on her person by the side of the informant of the present case.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today the petitioner nos. 2 and 5, namely, Bilashi Devi and Kishmati Devi, be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Sri Rajiv Kumar-IV, Judicial Magistrate, 1st Class, East Champaran at Motihari in connection with Pakaridayal P.S. Case no. 74 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C. The petitioner nos. 1, 3 and 4, namely, Sita Ram Sah , Mintu Sah @ Mintu Kumar and Guddu Sah @ Guddu Kumar are directed to surrender before the court below and pray for regular bail, which would be disposed of also taking into consideration that there is a case and counter case.

(Samarendra Pratap Singh, J.) Uday/- U T