Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4991 of 2021 Arising Out of PS. Case No.-205 Year-2020 Thana- GOGRI District- Khagaria ====================================================== 1.

RAJESH SAH Son of Suresh Sah Resident of Village- Khataha, Ward No.- 22, P.S.- Gogri, Distt- Khagaria.

2.

SULEKHA DEVI Wife of Rajesh Sah Resident of Village- Khataha Ward No.22, P.S.- Gogri, Distt- Khagaria.

3.

PURAN KUMAR S/o Rajesh Sah Resident of Village- Khataha, Ward No.22, P.S.- Gogri, Distt- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-08-2021 Heard Mr. Jai Kishor Poddar, learned counsel for the petitioners and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Gogri P.S. Case No. 205/2020 instituted for the offences under Sections 448, 341, 323, 504, 506, 307 and 34 of the Indian Penal Code. The petitioners are alleged to have assaulted the informant and other members of his family.

The learned counsel for the petitioners has

Patna High Court CR. MISC. No.4991 of 2021(2) dt.06-08-2021 2/3 submitted that the informant and petitioner no. 1 are own brothers whereas petitioner nos. 2 and 3 are the wife and son of petitioner no. 1. There was a fight between the two brothers and because of that, this case has been lodged. The reason for the dispute was that the informant, in an inebriated state had misbehaved with the wife of petitioner no. 1. When this was objected, the informant started abusing. This led to a clash between two families, as a result of which, this case has been lodged. The injuries suffered by the victims are simple in nature. Finding the litigation to be not worthwhile, the informant has now chosen not to prosecute the petitioners any further.

Regard being had to the afore-stated facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection

Patna High Court CR. MISC. No.4991 of 2021(2) dt.06-08-2021 3/3 with Gogri P.S. Case No. 205/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T