Arbind Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2615 of 2017 Arising Out of PS.Case No. -231 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Arbind Sah,

2. Arun Sah,

3. Pankaj Sah @ Pankaj Kumar Sah,

4. Umakant Sah, All son of Ramnihora Sah, All are resident of VillageKhoksaha, P.S.- Bibhutipur, District- Samastipur. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Mritunjay Kumar, Advocate For the Respondent/s : Smt Usha Kumari No-1, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard the parties.

The appellants seeks pre arrest bail in Bibhutipur P.S. Case No.231 of 2016 registered for the offence under Sections 341, 323, 325, 384, 387, 504 of the I.P.C. and Sections 3(i) (a) (r) of the SC/ST (POA) of the Act.

Allegation against the appellants is of abusing the informant by her caste name at her door and also demanding of Rs.50,000/- by way of rangdari.

Submission of the learned counsel for the appellants is that they have been falsely implicated and, as a matter of fact,

Patna High Court CR. APP (SJ) No.2615 of 2017 (3) dt.12-10-2017 2/3 when some altercation took place in between the appellants and the family members of Parvati Devi and Pankaj Kumar was taken vidiography of the occurrence. Further submission is that there was enmity between the parties. Further submission is that the occurrence took place at the door and not in public view. Cognizance has been taken Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants above named, in the event of their arrest or surrender before the court below within six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of 1st Additional District & Sessions Judge/ Successor court, Samastipur, in Bibhutipur P.S. Case No.231 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C. that (1) one of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The appellants will not induce any witness or tamper with the evidence. (3) The appellants shall co-operate in investigation and make themselves available as and when required by the police. In the event of failure on their

Patna High Court CR. APP (SJ) No.2615 of 2017 (3) dt.12-10-2017 3/3 part to appear before the police on two consecutive dates without showing any genuine reason, their bail bonds shall be cancelled. (Vinod Kumar Sinha, J) AnilKrSinha/- U