Patna High CourtCR. MISC./41517/2017bail granted

Nandu Sah v. The State Of Bihar

2017-09-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41517 of 2017 Arising Out of PS.Case No. -125 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Nandu Sah, Son of Munshi Sah, resident of Village- Medh, Police StationChainpur, District- Kaimur (Bhabua). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Pathak, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Chainpur P. S. Case No. 125 of 2017 registered under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the ingredients of the offence punishable under Sections 307 and 379 of the Indian Penal Code are not attracted in the present case. He has submitted that the present case has been instituted in retaliation to Chainpur P. S. Case No. 126 of 2017 instituted by one Sangeeta Devi, wife of co-accused Daroga Sah against the members of the prosecution party for

Patna High Court Cr.Misc. No.41517 of 2017 (2) dt.19-09-2017 2/2 the offences punishable under Sections 341, 323, 307, 379, 505/34 of the Indian Penal Code. He has further submitted that the doctor, who examined the informant, found all the injuries to be simple in nature.

Regard being had to the submissions made above as also the fact that the injuries found on the person of the informant were simple in nature, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Bhabhua in Chainpur P. S. Case No. 125 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T