Jagdish Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16410 of 2015 Arising Out of PS.Case No. -139 Year- 2014 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ======================================================

1. Jagdish Sah son of Satya Narayan Sah resident of Vilalge- Azam Nagar, Police Station- L.N.M.U. District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with L.N.M.U P.S. Case No. 139 of 2014 for the offences punishable under sections 147, 341, 342, 323, 324, 307, 354, 504 and 379 of the Indian Penal Code.

The police case was registered on the basis of the complaint filed by one Meera Devi before the Chief Judicial Magistrate, Darbhanga. The case of the complainant, in brief, is that the petitioner along with other accused persons abused and assaulted the informant and her daughter, and the petitioner threw her son Rahul Kumar aged 8 years from the roof of the house, causing head injury. It is further alleged that the accused persons looted away articles from the shop of the informant.

Patna High Court Cr.Misc. No.16410 of 2015 (2) dt.10-06-2015 2 / 2 It has been submitted on behalf of the petitioner that the present case has been instituted under section 156(3) Cr.P.C. From the perusal of the said complaint petition, it appears that the said complaint petition was filed on 7-6-2014 when the alleged date of occurrence is 25-5-2014. For the said delay no explanation has been made on the part of the prosecution. It has been further submitted that both the parties are agnates and due to family dispute the petitioner has been falsely implicated in the present case.

It is further submitted that the petitioner has got no criminal antecedent, and he is in custody since 11-3-2015. Considering the facts and circumstances of the case, let the petitioner Jagdish Sah be released on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with L.N.M.U. P.S. Case No. 139 of 2014. (Sudhir Singh, J) BK.Roy/- U T