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Patna High CourtCR. MISC./67591/2021disposed

Runna Sah @ Arun Sah v. The State Of Bihar

2022-09-22Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67591 of 2021 Arising Out of PS. Case No.-165 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== 1.

RUNNA SAH @ ARUN SAH Son of Gauri Sah Resident of VillagePaithan Patti, P.S.- Harsidhi, District- East Champaran. 2.

Gauri Son of Baldeo Sah Resident of Village- Paithan Patti, P.S.- Harsidhi, District- East Champaran.

3.

Rajesh Sah Son of Murat Sah Resident of Village- Paithan Patti, P.S.- Harsidhi, District- East Champaran.

... ... petitioners/s

Versus

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

For the petitioners/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-09-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehends his arrest for the offences alleged under Sections 341, 323, 324, 308, 447, 379, 504, 506, 34 of the Indian Penal Code, registered in connection with Harsidhi P.S. Case No. 165 of 2019.

As per the allegation, the accused persons assaulted the informant, his sons and daughters and made them badly

Patna High Court CR. MISC. No.67591 of 2021(3) dt.22-09-2022 2/2 injured.

Learned counsel for the petitioners has submitted that both the parties are agnates and injuries are simple in nature. It appears that petitioners have been given benefit of Section 41(1) of the Cr.P.C. by the Investigating Authority. As such, the anticipatory bail petition is not maintainable. The petitioners are directed to surrender before the court below and make a prayer for regular bail. The learned court below shall take notice of the fact that the Investigating Authority did not require the custody of the petitioners and they have been granted police bail.

With these observations, the criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-sonali U T