Anup Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1081 of 2015 Arising Out of PS.Case No. -301 Year- 2014 Thana -MINAPUR District- MUZAFFARPUR ======================================================
1. Anup Sah AND Anr Son of Late Kunkun Sah
2. Rakesh Sah Son of Anup Sah Both Resident of Village-Bhelalpur, P.S.- Minapur (Panapur O.P.), District-Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Aditya Prakash Sahay For the Opposite Party/s : Mr. Rajendra Singh Shastry(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2015 The petitioners are apprehending their arrest in connection with Minapur P.S.Case No.301/2014 instituted under Sections 341, 323, 307 and 379/34 of the Indian Penal Code. Heard learned counsel for the petitioners and the State. It is alleged by the informant that at the relevant time of occurrence Anup Sah was cutting bamboo from her land and when she forbade,Anup Sah started assaulting by catching hair and in the meantime Dhanwanti Devi came to rescue but Anup Sah also assaulted her. On hulla, husband of the informant and one Parichhan Sah came to save but Anup Sah called his son Rakesh Sah, wife Kalpi Devi and daughter-in-law Soni Devi and Rakesh Sah and Anup Sah assaulted the informant. Dhanwanti Devi and husband of informant by bamboo and thereafter Kalpi
Patna High Court Cr.Misc. No.1081 of 2015 (3) dt.14-05-2015 2/2 Devi and Soni Devi also assaulted Dhanwanti Devi by catching hair and Rakesh Sah took out Rs. 2000/- from the pocket of her husband and on assemblage of villagers, they fled away it is further alleged that Dhanwanti Devi was shifted to hospital for treatment.
It has been submitted on behalf of the petitioner that it is a case and counter case, which is Annexure 2 to the present application. Further it has been submitted that the injury sustained is said to be simple in nature.
On behalf of the State, it has been submitted that from perusal of case diary it appears that the injury is said to be simple in nature.
Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, 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 C.J.M., Muzaffarpur in connection with Minapur P.S.case No. 301 of 2014, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U