Shyam Sunder Sah And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57022 of 2015 Arising Out of PS.Case No. -72 Year- 2015 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shyam Sunder Sah son of Late Vilash Sah

2. Bidyanand Sah son of Late Vilash Sah

3. Ram Babu Kumar son of Late Vilash Sah

4. Lal Babu Bhagat son of Sheo Bhagat

5. Mahendra Sah son of Late Jeeta Sah

6. Laxminiya Devi wife of Late Vilash Sah

7. Mamta Devi wife of Shyam Sunder Sah

8. Sunita Devi wife of Samohan Sah .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar Mishra, Advocate For the Opposite Party/s : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. The prosecution case is of making assault to the informant, informant's parents and his brother. Altogether, five persons were caused injuries. It is also alleged that female accused persons committed theft of ornaments of informant's mother where as co-accused Shatrughan Sah snatched gold chain of the informant.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.57022 of 2015 (2) dt.17-12-2015 2/3 that none of the injuries have been found to be grievous and there is counter version of the occurrence also. The impugned order also does not suggest that any person has received any injury. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on provisional anticipatory bail for three months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Mehsi P.S. Case No.72/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional bail of the petitioners shall be confirmed by the learned court below on verification of the fact that informant's side have not received any grievous injury, but if it is found that the informant's side has received grievous injury, then the petitioners shall surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Ashwini/- U T

Patna High Court Cr.Misc. No.57022 of 2015 (2) dt.17-12-2015 3/3