Amit Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.34406 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34406 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Amit Sah Son of Ram Sevak Sah r/o village - Govindpur, P.S. - Rosera, District - Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Harsh Singh For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2017 Heard both sides.

The petitioner apprehends his arrest in Rosera P.S. Case No. 106 of 2017 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that the petitioner tried to knock down Khushbu Kumari by the tractor. Thereafter, Amit Sah, Aditya Sah and Ram Sevak Sah are alleged to have assaulted the informant and others who were engaged in construction of the house.

Learned counsel for the petitioner submits that the petitioner is alleged to have knocked down the daughter of the informant and unloaded soil on the body of the informant but, from perusal of the injury report it would appear that there was

Patna High Court Cr.Misc. No.34406 of 2017 (2) dt.10-08-2017 swelling on head and no other injury was found on the body of Khushbu Kumari. There is a land dispute between the parties and two other accused persons namely Aditya Sah and Ram Sevak Sah have been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 30750 of 2017 on 10.07.2017.

Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Samastipur in Rosera P.S. Case No. 106 of 2017, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) KKSINHA/- U T