Hariom Sah @ Hariom Kumar Sah @ Hari Om Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39196 of 2018 Arising Out of PS.Case No. -473 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================

1. Hariom Sah @ Hariom Kumar Sah @ Hari Om Kumar, S/o Baso Sah,

2. Kanhaiya Sah, S/o Baso Sah,

3. Sunil Sah, S/o Baso Sah, all residents of Vill.- Batraha Kherpur, P.S.- Sadar, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s: Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 31-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Saharsa Sadar P.S. Case No.473 of 2015 instituted for the offence under Section(s) 341, 323, 504, 307 and 379/34 Indian Penal Code. It is alleged in the written report that while father of the informant was coming to his house, then these petitioners made demand of Rs.10,000/-. On refusal, petitioners assaulted the father of the informant with rod.

The injury report of informant's father is annexed as Annexure-2, wherein, doctor has found all the injuries simple in nature.

Counsel for the petitioners submits that the case has also been compromised between the parties and a compromise

Patna High Court Cr.Misc. No.39196 of 2018 (3) dt.31-07-2018 2/2 petition has been filed in the lower Court. (Annexure-3). In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Saharsa Sadar P.S. Case No.473 of 2015, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- Rohit Kr.

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