Patna High CourtCR. MISC./52229/2016bail granted

Jitendra Sah And ORS v. The State Of Bihar

2016-12-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52229 of 2016 Arising Out of PS.Case No. -164 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jitendra Sah S/o late Bipat Sah

2. Chand Jyoti Devi W/o Jitendra Sah

3. Sukhali Devi W/o late Bipat Sah All are R/o Village- Sripur Matwalia, P.S. Sugauli, District- East Champaran.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Sugauli P.S. Case No. 164 of 2016, G.R. No.3930 of 2016 for the offences instituted under Sections 341, 323, 324, 447, 448, 307 and 34 of the Indian Penal Code. The allegation against the petitioners is of assaulting the informant, causing injury to her and when her son came to save her, he was also assaulted on his head by sickle. Thereafter both the injured were taken to hospital for medical treatment. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. They have falsely

Patna High Court Cr.Misc. No.52229 of 2016 (2) dt.07-12-2016 2/2 been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. Both the sides are agnates. There is admitted land dispute between the parties. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sugauli P.S. Case No. 164 of 2016, G.R. No.3930 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T