Sunil Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41418 of 2016 Arising Out of PS.Case No. -501 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================
1. Sunil Sah son of Baijnath Sah
2. Anil Sah son of Jagarnath Sah
3. Paltan Sah @ Paltan Kumar son of Jagarnath Sah
4. Jagarnath Sah son of Late Munnar Sah
5. Rajesh Sah son of Late Raghunath Sah
6. Nago Sah son of Late Udyanand Sah
7. Ashok Kr. Sah @ Ashok Sah son of Late Ram Prasad Sah
8. Kalanand Sah son of Ramlal Sah
9. Manoj Sah son of Doman Sah
10. Munna Sah son of Sikchal Sah All are residents of Village- Om Nagar, Ward No.08, Police Station & District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv. For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-11-2016 Heard both sides.
The petitioners apprehend their arrest in Araria P.S. Case No. 501/2016, registered for the offences punishable under Sections 354B, 379 and other sections of the Indian Penal Code. The informant named ten persons and alleged that they
Patna High Court Cr.Misc. No.41418 of 2016 (2) dt.19-11-2016 2/3 all having armed with different weapons entered into his house after breaking the door. Sunil Sah petitioner no. 1 assaulted him with Farsa on his head. Anil Sah and Paltan Sah assaulted him with iron rod all over his body. The informant became unconscious. The accused persons also assaulted his wife Rina Devi and torn her clothes. The accused persons committed theft of different articles worth Rs. 20,000/-.
Learned counsel for the petitioners submits that the informant alleged that Sunil Sah assaulted him with Farsa on his head and Anil Sah and Paltan Sah assaulted him with iron rod all over his body. Gopal Sah got one lacerated wound over left side of forehead. The injury is superficial and simple in nature. There is no other injury on his body and the allegation of assault by Anil Sah and Paltan Sah is falsified. The wife of the informant did not receive any injury. Petitioners have falsely been implicated in this case on account of previous enmity. The informant filed this petition after three days of the occurrence before the Superintendent of Police, Araria.
Considering the facts aforesaid, the petitioners abovenamed, 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
Patna High Court Cr.Misc. No.41418 of 2016 (2) dt.19-11-2016 3/3 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 Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 501/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T