Lal Babu Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3963 of 2017 Arising Out of PS.Case No. -15 Year- 2015 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================
1. Lal Babu Sah, S/o Late Munsi Sah,
2. Kunti Devi, W/o Lal Babu Sah, Both are resident of village- Kabilpur, P.S.- Kanti,(Panapur O.P.), District-Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Kanti (Panapur) P.S. Case No. 15 of 2015/ G.R. No. 83 of 2015 for the offences punishable under sections 341, 323, 324, 325, 307, 504 and 34 of the I.P.C.
Allegedly, the petitioners surrounded the informant and started abusing and on protest the petitioner no.1 brought farsa and gave farsa blow on the head of the informant, the petitioner no.2 gave iron rod blow causing injury on the finger of right hand. Submission is of false implication and that the
Patna High Court Cr.Misc. No.3963 of 2017 (2) dt.17-02-2017 2/2 petitioner no.2 has lodged complaint case on 12.01.2015, whereas, this case has been lodged on 13.01.2015 for the alleged occurrence of 09.01.2015, the injuries found on the person of the informant are simple in nature, as a matter of fact the informant has received injury due to fall on the root of Guava tree and as such the petitioners deserve sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.
In the facts and circumstances as stated above, considering the injuries and further that petitioner no.2 has filed complaint case earlier and as such the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. S.D.J.M. Muzaffarpur (West) in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T