Dilip Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45641 of 2019 Arising Out of PS. Case No.-654 Year-2018 Thana- BANKA District- Banka ====================================================== 1.

DILIP SAH Son of Fuleshwar Sah Resident of Village - Gauripur (Dudhari), P.S.- Banka, Distt - Banka.

2.

Uttam Sah @ Uttam Kumar Son of Pramod Sah Resident of Village - Gauripur (Dudhari), P.S.- Banka, Distt - Banka. 3.

Nand Kishore Sah Son of Chadi Sah Resident of Village - Gauripur (Dudhari), P.S.- Banka, Distt - Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Om Prakash Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2019 This application, for grant of anticipatory bail, arises out of Banka P.S. Case No. 654 of 2018, disclosing offences under Sections 147, 148, 149, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

Allegation as per F.I.R. is that petitioners and others came variously armed and assaulted the informant, her son and her husband and specific allegation against petitioner no. 1, who assaulted the daughter in law of the informant, when she came to save her husband and father -in-law.

Submission of learned counsel for the petitioners is that son of the petitioner no. 1 was earlier murdered in which,

Patna High Court CR. MISC. No.45641 of 2019(2) dt.24-07-2019 2/2 the informant was accused and furthermore, a counter case has been lodged by the wife of one of the co-accused against the informant and others with the allegation that they tried to outrage her modesty and in retaliation, the informant has come with this false and concocted case.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka P.S. Case No. 654 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T