Ram Balak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63488 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Ram Balak Sah Son of Late Jai Lal Sah Resident of Village - Manglapur, P.S.- Kalyanpur, Distt.- East Champaran.

2.

Rajesh Kumar Son of Ram Balak Sah Resident of Village - Manglapur, P.S.- Kalyanpur, Distt.- East Champaran.

3.

Dinesh Kumar Son of Ram Balak Sah Resident of Village - Manglapur, P.S.- Kalyanpur, Distt.- East Champaran.

4.

Lalita Devi Wife of Ram Balak Sah Resident of Village - Manglapur, P.S.- Kalyanpur, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-12-2019 This is an application for grant of anticipatory bail in connection with Kalyanpur P.S. Case No. 109 of 2019, G.R. Case No. 3525 of 2019, disclosing offences under Sections 341, 323, 324, 354B, 379, 427, 504/34 of the Indian Penal Code. As per the first information report, the petitioner and other accused persons reached to the Darwaja of the informant started abusing him and a property dispute between the parties. Specific allegation against the petitioner no. 1 is that on his order petitioner no. 2 assaulted informant causing injury on his right ear and the petitioner no. 3 assaulted by lathi. When his daughter came to save him, she was also assaulted by Rajesh

Patna High Court CR. MISC. No.63488 of 2019(3) dt.03-12-2019 2/2 Kumar by Farsa causing injury on her head, petitioner no.4 thrashed her on the ground, thereafter, petitioner no.3, Dinesh Kumar assaulted by lathi.

Submission of the learned counsel for the petitioners is that petitioner no.1 is the own brother of the informant and there was a property dispute between the parties and the injury which was sustained on the right ear of the informant and the other injuries, on the person of both the injured, were kept reserved which is caused in the vital part of the bodies. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, 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 Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kalyanpur P.S. Case No. 109 of 2019, G.R. Case No. 3525 of 2019, subject to the condition laid down under Section 438(2) of the Cr.P.C.

(Vinod Kumar Sinha, J) Rahul Mishra/- U T