Gulab Chandra Sah And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29487 of 2014 Arising Out of PS.Case No. -168 Year- 2013 Thana -KUMARGHAND District- MADHEPURA ======================================================

1. Gulab Chandra Sah son of Late Guneshwar Sah

2. Rukmani Devi @ Rukmati Devi @ Rukmini Devi wife of Gulab Chandra Sah

3. Ram Bilash Sah

4. Subhash Sah

5. Indradeo Sah Sl. Nos. 3 to 5 sons of Gulab Chandra Sah All residents of Village - Kupari Tola, Ward No. 14 , Police Station - Kumarkhand, O.P. - Bhatni, District - Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Narendra Pd. (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2015 At the outset, it is submitted that petitioner no. 5 has already been arrested, hence, this application has become infructuous so far as it relates to petitioner no. 5. Heard learned counsels for the petitioners and the State.

The petitioner nos. 1 to 4 are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,324,325,341,307,379 and 504 of the Indian Penal Code.

It is alleged that the husband of the informant

Patna High Court Cr.Misc. No.29487 of 2014 (3) dt.10-02-2015 2/3 forbade to cut wood then petitioner Gulabchandra Sah, Ram Bilas Sah and Subhash Sah assaulted the husband of the informant with axe when the informant came to rescue, she was assaulted by Ram Bilas Sah and Subhash Sah with lathi and jewellery were snatched.

It is submitted by learned counsel for the petitioners that petitioner no. 1 is the own brother of the husband of the informant. Injury of the husband of the informant has been found to be two lacerations and two swelling of marginal size, though the opinion was reserved and the injury of the informant has been found to be simple. The accusation has been levelled in the background of serious partition dispute and there is counter version of the occurrence also.

Considering the aforesaid facts, let the above named petitioner nos. 1 to 4 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Madhepura in connection with Kumarkhand

Patna High Court Cr.Misc. No.29487 of 2014 (3) dt.10-02-2015 3/3 P.S. Case No. 168 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T