Dinanath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60069 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== 1.

DINANATH SAH Son of Kapildev Sah 2.

Saroj Sah Son of Dinanath Sah Both Resident of Village -Sheohar, P.S.- Sheohar, District - Sheohar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-10-2019 Heard both sides.

The petitioners apprehend their arrest in Madhuban P.S. Case No.124 of 2019 registered under Sections 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. The informant alleged that while he was sitting on his verandah, one Bittu Kumar came and disclosed that some persons had come to see you and requested the informant to come near a temple. When the informant along with Bittu Kumar came near temple, the petitioners and others assaulted the informant. It is further alleged that Chitranjan and Harishchandra, sons of petitioner No.1 stabbed the informant on different parts of his body. Petitioner No.2 is the son of Bhola Sah but the name of father of petitioner No.2 is mentioned as

Patna High Court CR. MISC. No.60069 of 2019(2) dt.14-10-2019 2/2 Dinanath Sah in the bail petition. All are alleged to have called the informant and assaulted the informant. Thereafter, Chitranjan and Harishchandra stabbed the informant with dagger with an intention to kill him causing grievous injury in his abdomen.

The learned counsel for the petitioners submits that informant is son-in-law of Dinanath Sah and there is a dispute between the informant and his wife for which Madhuban P.S. Case No.182 of 2011 was registered but it appears from the F.I.R. itself that all the accused persons firstly assaulted the informant with fist and slabs and thereafter both sons of petitioner No.1, namely, Chitranjan and Harishchandra stabbed the informant with dagger causing grievous injuries in his abdomen.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

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