Premchand Sah @ Prem Sah And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.55143 of 2017 (2) dt.24-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55143 of 2017 Arising Out of PS.Case No. -594 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Premchand Sah @ Prem Sah, son of Late Bal Govind Sah

2. Ramdhani Sah @ Ramdhari Sah, son of Late Changur Sah

3. Jitendra Sah, son of Ram Dhani Sah

4. Kundan Sah, son of Prem Chand Sah @ Prem Sah, All residents of village Bhekash, P.S. Bhabua, District - Kaimur at Bhabua. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. A.M.P. Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bhabua P.S. Case No. 594 of 2017, registered under Section 448, 341, 323 and 379/34 of the Indian Penal Code. The accusation is that on 17.09.2017, petitioners pulled the informant, Babit Devi, from house catching her heir and caused injury through farathi, fist and slaps. At that time, husband of the informant was also looked in the room and petitioners took cash of Rs.7000/- from her house.

Learned counsel for the petitioners submits that,

Patna High Court Cr.Misc. No.55143 of 2017 (2) dt.24-11-2017 informant along with her husband used to reside at her 'Maika" and due to land dispute hot talk were exchanged, but with ulterior motive the present case has been lodged with false allegation on 24.09.2017 after seven days of the occurrence. Moreover, the injury, as found on the persons of the informant, is simple in nature and petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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, Kaimur at Bhabua, in connection with Bhabua P.S. Case No. 594 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T