Rabindra Saw @ Rabindra Sah @ Rabindra Kumar Sah And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.375 of 2018 (2) dt.16-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.375 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -KHAIRA District- JAMUI ======================================================

1. Rabindra Saw @ Rabindra Sah @ Rabindra Kumar Sah

2. Dharmendra Saw @ Dharmendra Sah Both are Sons of Mahendar Sah

3. Bindu Saw @ Bindu Sah Son of Sheo Nath Sah All are Resident of Village-Mango Bandar P.S. Khaira District Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kartik Kumar Sinha For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2018 Heard both sides.

The petitioners apprehend their arrest in Khaira P.S. Case No.105 of 2017 registered under Section 307 and other Sections of the Indian Penal Code.

The informant named the petitioners and alleged that all the accused persons came with different weapons and assaulted the informant to withdraw the case lodged for the land. Gauri Sah is alleged to have assaulted the informant with sword on his head. Petitioner no.1, Rabindra Saw is alleged to have assaulted with lathi on his hand.

The learned counsel for the petitioners submits that no specific allegation of assault is made against Dharmendra Saw,

Patna High Court Cr.Misc. No.375 of 2018 (2) dt.16-01-2018 petitioner no.2 and Bindu Saw, petitioner no.3. Subodh Sah got one cut injury on head and another swelling on hand. Both the injuries are simple in nature. The occurrence took place due to land dispute.

Considering the facts aforesaid and the fact that occurrence took place due to land dispute and the informant sustained simple injuries, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No.105 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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