Dukha Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70446 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.
DUKHA SAH Son of Late Mangar Sah R/V- Dumri Kalan, Tole- Jagiraha, P.S- Mejarganj, Dist- Sitamarhi 2.
Chunchun Sah Son of Dukha Sah R/V- Dumri Kalan, Tole- Jagiraha, P.SMejarganj, Dist- Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dadan Singh Son of Late Krishnajivan Singh R/V- Gajaharwa, P.SSahiyara, Dist- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP.
Mr. Alok Kumar Alok, Adv.
Mr. Santosh Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard the parties.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. After investigation, the police submitted
Patna High Court CR. MISC. No.70446 of 2022(2) dt.31-01-2023 2/3 final form against the petitioners. Thereafter the protest petition filed by the informant along with five witnesses and they disclosed the name of petitioners also to be involved in the alleged occurrence and then cognizance has been taken. It is further submitted that after investigation, police had submitted charge-sheet only against three accused persons and these petitioners had not been sent up for trial, accordingly, cognizance of the offence was taken against other accused persons and other three co-accused persons are facing separate trial. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.
Having regard to the facts and circumstances of the case, since the final form has been filed against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sitamarhi Complaint Case No. 84 of 2022,
Patna High Court CR. MISC. No.70446 of 2022(2) dt.31-01-2023 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T