Shiv Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59372 of 2017 Arising Out of PS.Case No. -201 Year- 2017 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shiv Sah, Son of Punit Sah, resident of Village- Harpurnag, Police Station Mehsi, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Adv For the Opposite Party/s : Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner as well as learned APP.

Informant Asha Kumari had alleged that in the night of 05.12.2017, while she was sleeping, the accused persons so named therein including the petitioner came at her Darwaza and began to abuse, whereupon, she and her mother came out and forbade them not to abuse, whereupon all of them began to assault her mother, Bhabhi and she herself and during course thereof, it has been disclosed that petitioner had inflicted axe blow over her head. They had also looted away her belongings, caused mischief by damaging the properties. It has also been disclosed in the written report that she along with her mother is being treated at Referral Hospital, Chakiya while the written report was filed before the Officer-in-Charge, Mahesi.

Patna High Court Cr.Misc. No.59372 of 2017 (2) dt.12-12-2017 Learned counsel for the petitioner has submitted that the aforesaid activity has purposely been adopted in order to meet out the allegation at their end by way of institution of Mahesi PS Case No. 200/2017. Furthermore, it has also been submitted that considering the nature of the injury to be simple, the learned lower court had not mentioned the same although same was available under para-24 of the case diary, before the learned lower court and is found supported with the charge-sheet having been filed by the Investigating Officer.

Learned APP opposed the prayer.

Considering the nature of the allegation inconsonance with the judicial custody since 08.09.2017, petitioner, Shiv Sah is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of ACJM-II, East Champaran, Motihari in Mahesi PS Case No. 201/2017.

(Aditya Kumar Trivedi, J) perwez U T