Daya Ram Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50952 of 2015 Arising Out of PS.Case No. -179 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Daya Ram Sah son of Ramlakhan Sah

2. Suman Sah @ Suman Kumar Sah

3. Hare Ram Sah, son of Ramlakhan Sah

4. Ramlakhan Sah, son of late Bharat Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-11-2015 Heard learned counsel for the petitioners Md. Anis Akhtar and learned Special P.P. for the State. The petitioners apprehend their arrest in connection with Chiraiya (Shikarganj) P. S. Case No. 179/2015 registered for offences punishable under Sections 341, 323, 354, 379, 504, 506/34 of the Indian Penal Code and Section 3(i) (x) of S.C./S.T. (Prevention of Atrocities )Act, 1989.

The prosecution case is that on 18.08.2015 at about 7 A.M. the petitioners were digging Nala just beside the informant's land. On protest, they assaulted the informant with criminal force and also with intent to outrage her modesty they abused the informant by saying her caste name and threatened to kill her.

Patna High Court Cr.Misc. No.50952 of 2015 (2) dt.04-11-2015 2/2 Petitioner No. 1, Daya Ram Sah snatched gold chain worth Rs. 52,000/-.

It has been submitted by the learned counsel for the petitioners that they are innocent, having no criminal antecedents as is evident from para-3 of this petition.

It has further been submitted that both parties have compromised, which finds place at Annexure-2 of the petition, and the victim has also sworn on affidavit that she has no grievance against the petitioners (Annexure-2/1).

Be that as it may, let the above named petitioners in the event of their arrest or surrender before the Court below within a period of six weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of Sri Umashankar, Judicial Magistrate 1st class, Sikarhana at Dhaka District, East Champaran in connection with Chiraiya (Shikarganj) P.S.Case No. 179/2015, subject to the conditions laid down under Section 438

(2) of the Cr. P.C.

(Nilu Agrawal, J) Sudha/- U T