Dinesh Sao And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24732 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Dinesh Sao, Son of Mathura Sao.

2. Savitri Devi, Wife of Mathura Sao, Both resident of Village- Kasari, P.S. Parasbigha, District- Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and counsel for the State.

In the present case, the petitioners are apprehending their arrest in connection with Parasbigha (Jehanabad) P.S. Case No. 37 of 2017 for offence under Sections 341, 504, 323, 325, 307/34 of the Indian Penal Code.

An allegation has been made that the Informant prohibited the construction of the house but the petitioners did not stop the construction, whereafter, Dinesh Sao caught hold the Informant and dragged and Mathur Sao assaulted him with iron rod as a result of which he fell down on the ground and become unconscious whereafter the wife of Mathur Sao also assaulted him with Lathi which caused fracture in his hand. When the Informant

Patna High Court Cr.Misc. No.24732 of 2017 (3) dt.01-07-2017 raised alarm, the villagers came there, whereafter, all three accused persons fled away from there.

In the First Information Report, the only allegation has been made against the Dinesh Sao of catching and pulling the Informant and the main allegation has been made against Mathur Sao.

Looking to the entire facts and circumstances of the case, let the petitioners, namely, Dinesh Sao and Savitri Devi, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released 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 learned Chief Judicial Magistrate, Jehanabad in connection with Parasbigha (Jehanabad) P.S. Case No. 37 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been cancelled. (Shivaji Pandey, J) Rishi/- U T