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Patna High CourtCR. MISC./20484/2017bail granted

Rajesh Sah v. The State Of Bihar

2017-07-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20484 of 2017 Arising Out of PS.Case No. -28 Year- 2016 Thana -SIMULTALLA District- JAMUI ======================================================

1. Rajesh Sah Son of Matal Sah Resident of Village- Gadi Telwa, P.S. Simultalla, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2017 Heard both sides.

The petitioner seeks bail in Sumultalla P.S. case No. 28 of 2016 under Section 307 and other Sections of the Indian Penal Code.

Ganesh Sah, the informant, alleged that some quarrel took place for throwing garbage. Rajesh Sah armed with Tangi and Matal Sah armed with Lathi entered into his house and Rajesh Sah assaulted Pratima Devi, daughter-in-law of the informant, on her head. The accused persons also assaulted son of the informant with Tangi and Lathi.

The learned counsel for the petitioner submits that petitioner is in jail since 15.03.2017. The injuries sustained by Pratima Devi and her husband are simple in nature. It appears that

Patna High Court Cr.Misc. No.20484 of 2017 (4) dt.05-07-2017 2/2 the doctor initially did not give opinion with regard to the nature of injuries sustained by Pratima Devi and Mahendra Sah. On such, a report was called for and in pursuance thereof the doctor opined that both the injured got simple injuries as there was no damage to the underlying bone.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in Simultalla P.S. Case No. 28 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T