Lal Bahadur Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1561 of 2021 Arising Out of PS. Case No.-69 Year-2020 Thana- LAUKAHI District- Madhubani ====================================================== 1.

LAL BAHADUR SADAI, Son of Late Sidheshwar Sadai Resident of Village - Bairiyahi, P.S.- Laukahi, District - Madhubani. 2.

Pramod Sadai @ Pramod Kumar Sadai Son of Dukha Sadai Resident of Village - Bairiyahi, P.S.- Laukahi, District - Madhubani. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-08-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 02.01.2021, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing. The petitioners apprehend their arrest in connection with Laukahi P.S. Case no. 169 of 2020, registered under Sections 143, 341, 323, 324, 307 and 504 of the Indian Penal Code.

The accusation is that on 14.04.2020, Pandit Chowpal, husband of informant Sanjha Devi, was in his filed in

Patna High Court CR. MISC. No.1561 of 2021(2) dt.31-08-2021 2/3 connection with irrigation of onion crops. At that time, Nirmala Devi, wife of Pramod Sadai threw dirty water on the body of husband of informant on which her husband made protest then Nirmala Devi started to abuse. Thereafter, husband of informant returned to his house. After short interval, Lal Bahadur Sadai (Petitioner No.1), Pramod Sadai (Petitioner No.2), Ashok Sadai, Ram Charitra Sadai, Rahul Sadai, Ranjan Sadai, Santosh Sadai, Sunil Sadai and Kaushaliya Devi having armed with Farsa, Bhala and Lathi came and surrounded her house and, all of sudden, Lal Bahadur Sadai (Petitioner No.1) gave Farsa blow at the head of Pandit Choupal, husband of informant, Ashok Sadai threw Bhala at her which hit at her right palm, Pramod Sadai (Petitioner No.

2) caused injury at her head through Farsa. When her son rushed to save then he was also assaulted by them through lathi. The daughter in law of informant was also assaulted by Sunil Sadai and Santosh Sadai. Learned counsel for the petitioners submits that the injuries on the person of informant, her husband and son are simple in nature. Further submission is that, in fact, occurrence of Marpit took place due to some dispute in which petitioners' side also sustained injuries regarding which Laukahi P.S. Case No.

Patna High Court CR. MISC. No.1561 of 2021(2) dt.31-08-2021 3/3 fardbeyan of Pramod Sadai (Petitioner No.2). Further submission is that petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 69 of 2020, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T