Triloki Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28777 of 2016 Arising Out of PS.Case No. -51 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================
1. Triloki Sah, son of Late Munilal Sah
2. Shreeram Sah, son of Trilok Sah, Both resident of village-Kaupa, P.S.-Karakat, District-Rohtas. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioner/s : Mr. Sudha Chandra, Adv. For the Opposite Party/s : Mr. Ambika Bhagat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Karakat P.S. Case No.51 of 2015, registered for the offence punishable under Sections 379, 323, 338, 307 and 504/34 of the Indian Penal Code, under Section 3(x) of the S.C./S.T. Act and under Section 27 of the Arms Act. As per the allegation, while the informant was in his field, he heard alarm, whereupon he came to the place of occurrence and found that his niece was dashed by motorcycle the son of Trilok Sah and by that time all the family members assembled there including Trilok Sah and his second son and tried to compromise the dispute. After some time, the petitioners
Patna High Court Cr.Misc. No.28777 of 2016 (3) dt.28-07-2016 2/2 came to the house of the informant and resorted firing, as a result of which, two persons have received injury.
Learned counsel for the petitioners submits that the parties have intended to compromise the dispute, in such view of the matter, the petitioners are entitled for grant of anticipatory bail. He further submits that the injuries are simple in nature. Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for bail is rejected. If the petitioners surrender before the Court below within four weeks from today and pray for bail, the Court below will consider the same and pass appropriate order on the same day without being prejudiced by this order. (Shivaji Pandey, J) pawan/- U T