Patna High CourtCR. MISC./32246/2017bail granted

Bhola Sah And ORS v. The State Of Bihar

2017-07-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32246 of 2017 Arising Out of PS.Case No. -98 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Bhola Sah son of Yodhan Sah,

2. Ashutosh Kumar @ Jhanjhat Singh,

3. Yodhan Sah son of late Deoki Sah,

4. Subodh Ray son of Chandra Shekhar Ray, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/354/384/386/34 of the Indian Penal Code. For land dispute there is general and omnibus allegation against the petitioners to have committed assault against the informant and her son. Specific allegation of attempt to outrage the modesty of the informant by dragging her sari is against Bhola Sah.

Submission is that allegation is ornamental.

Considering the background and nature of allegation as well as relationship, let the petitioners, above named, in the

Patna High Court Cr.Misc. No.32246 of 2017 (2) dt.24-07-2017 2/2 event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsingh Sarai (Samastipur)/Successor Court in connection with Dalsingh Sarai Police Station Case No.98 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case.

(Birendra Kumar, J) Mkr./- U T