Patna High CourtCR. MISC./71862/2018bail granted

Jagdambi Saw @ Jagdambi Sah v. The State Of Bihar

2019-01-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71862 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- ISMAILPUR District- Bhagalpur ====================================================== Jagdambi Saw @ Jagdambi Sah Son of Late Bhothari Sah Resident of Village-Binoba,Police Station-Ismailpur, Distt.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlesh Kumar Pathak For the Opposite Party/s :

Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Ismailpur P. S. Case No. 26 of 2018 dated 07.07.2018 instituted for the offences under Sections 341, 323, 307, 148, 147, 452, 504 and 506 of the Indian Penal Code.

The petitioner along with eight others is alleged to have assaulted the informant, his wife and his children. Learned counsel for the petitioner has submitted that the allegation, on the face of it, is incorrect because if eight persons would have the intention of causing harm to the informant and his family members, there was no reason

Patna High Court Cr.Misc. No.71862 of 2018(3) dt.11-01-2019 2/2 why only two persons received minor / superficial injuries. Learned counsel for the petitioner has submitted that the dispute between the parties lays elsewhere but only in order to frame the petitioner in the aforesaid case, this F.I.R. has been lodged.

Regard being had to the fact that the injuries suffered by the two persons of the family of the informant are simple in nature, the petitioner, above-named, is directed to be released on bail, 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, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Naugachia in connection with Ismailpur P. S. Case No. 26 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U