Dadan Sah @ Dadan Kumar And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51569 of 2016 Arising Out of PS.Case No. -91 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Dadan Sah @ Dadan Kumar
2. Rahul Kumar, Both sons of Banti Sah
3. Bodha Sah, son of Harihar Sah
4. Shankar Sah, son of Late Ramdhari Sah All residents of village - Panditpur, P.S. - Piprakothi, District - East Champaran. .... .... Petitioners
Versus
The State of Bihar. .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Umesh Chandra Verma, Advocate For the Opposite Party : Mr. Sri Upendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-12-2016 The case of petitioner no. 3, Bodha Sah has already been withdrawn vide order dated 07.12.2016.
Heard learned counsel for the petitioner, learned counsel for the informant and also learned counsel for the State. The petitioners apprehend their arrest in connection with Piprakothi P.S. Case No. 91 of 2016, registered for the offences punishable under Sections 341, 448, 323, 325, 307, 380, 504, and 506/34 of the Indian Penal Code.
Allegedly, Dadan Sah @ Dadan Kumar, Rahul Kumar and Shankar Sah entered into the house of the informant and took away ornaments valued at Rs. 1,50,000/- and cash of Rs. 25,000/- and assaulted with iron rod and bamboo, causing injury to the informant and her husband.
Submission is of false implication and that there is
Patna High Court Cr.Misc. No.51569 of 2016 (3) dt.19-12-2016 2/2 case and counter case lodged by Bodha Sah, Bodha Sah has also been received injury and, as such, the petitioners deserve sympathetic consideration.
The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that the petitioners committed heinous crime and both have received injuries though simple in nature In the facts and circumstances as stated above, considering the case and counter case, Bodha Sah has also received injury and, as such, the petitioners Dadan Sah @ Dadan Kumar, Rahul Kumar and Shankar Sah, in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Piprakothi P.S. Case No. 91 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J.) Rajiv/- U T