Saryug Sah @ Saryug Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58626 of 2019 Arising Out of PS. Case No.-230 Year-2019 Thana- KESARIA District- East Champaran ====================================================== 1.
Saryug Sah @ Saryug Prasad, Son of Late Bhikhari Sah, Resident of Village - Mohmmadpur, P.S.- Keseriya, District- East Champaran 2.
Daulat Devi, Wife of Saryug Sah, Resident of Village - Mohmmadpur, P.S.- Keseriya, District- East Champaran 3.
Keshaw Sah @ Keshaw Raj @ Keshwar Sah, Son of Saryug Sah, Resident of Village - Mohmmadpur, P.S.- Keseriya, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP For the Informant :
Mr. Kumar Ravish, Advocate Mr. Kashyap Kaushal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-09-2019 This is an application for grant of anticipatory bail in connection with Kessariya P. S. Case No. 230 of 2019, disclosing offences under Sections 341, 323, 307, 427, 379, 34 of the Indian Penal Code.
So far as allegation against petitioner no.1 is of assault by rod to the Bhabhi of the informant and allegation against petitioner no.3 is of assault by rod to the informant, causing injury on his head and also by fists and slaps. Petitioner no.2 is named in the F.I.R. Submission of the learned counsel for the petitioners is that there is case and counter case between the parties and there is a title suit is going on between the parties. Further submission is that except one injury on the informant, which is found to be grievous in nature, all the injuries are simple in nature. The injuries attributed to
Patna High Court CR. MISC. No.58626 of 2019(2) dt.17-09-2019 2/2 the informant is said to be caused by petitioner no.3. Heard learned A.P.P. also.
Having heard both sides, considering the above submissions, so far as petitioners no.1 and 2 are concerned, let they in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned A.C.J.M.-III, Motihari, East Champaran, in connection with Kessariya P. S. Case No. 230 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
So far as petitioner no.3 is concerned, he will surrender before the learned court below and pray for regular bail, which will be considered by the learned court below on its own merit, without being prejudiced by order of this Court.
With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T