Dukhi Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30423 of 2017 Arising Out of PS.Case No. -176 Year- 2016 Thana -LAUKHI District- MADHUBANI ======================================================
1. Dukhi Sah, Son of Musaharu Sah
2. Digamber Mukhiya, son of Satya Narayan Mukhiya
3. Chanar Jeet Kumar Sahu @ Chandra Sah @ Chandrajeet Sah, son of Dukhi Sah,
4. Jai Prakash Sah, Son of Kallur Sah
5. Siya Ram Sah @ Siya Ram Mandal, Son of Tanu Sah,
6. Sukhi Sah @ Sukhiya Sah @ Khushila Sah, son of Tanu Sah
7. Dukhi Prasad Sah @ Dukhi Sah, Son of Tanu Sah, all are resident of village - Navtoli, P.S. - Laukahi, District - Madhubani. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-08-2017 Heard both sides.
The petitioners apprehend their arrest in Laukahi P.S. Case No. 176 of 2016 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 354, 379, 448, 380, 504 and 506 of the Indian Penal Code.
The informant alleged that Digamber Mukhiya petitioner no. 2 and Pitamber assaulted him with Khanti on his head. Satya Narayan Mukhiya (not petitioner) assaulted him with Pharsa on his head. His cousin Anand Kumar Sahu was assaulted by Dukhi Sah, petitioner no. 1 and Jai Prakash Sahu, petitioner no. 4 with Khanti on his head. His another cousin Pankaj Kumar Sahu,
Patna High Court Cr.Misc. No.30423 of 2017 (3) dt.22-08-2017 and nephew Dipak Kumar Sahu were assaulted by Dukhi Sah and Siya Ram Sah @ Siya Ram Mandal, petitioner no. 5 with iron rod. Sumitra Devi was assaulted by Chander Sahu and the accused persons took away different articles from the informant. Learned counsel for the petitioners submits that on account of dispute with regard to election there is case and counter case. From the side of the petitioner Laukahi P.S. Case No. 177 of 2016 was registered under Sections 379, 323 and other Sections of the Indian Penal Code. Pradip Kumar, the informant got one injury on his head which is simple in nature although Digamber Mukhiya, petitioner no. 2 and Satya Narayan Mukhiya are alleged to have assaulted Pradip Kumar with Khanti and Pharsa on his head.
Considering the facts aforesaid and nature of allegation made against the petitioners and the fact that there is case and counter case and both the sides got injuries which are simple in nature, the petitioners above named in the event of their 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, 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 Additional Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.30423 of 2017 (3) dt.22-08-2017 Jhanjharpur, Madhubani in Laukahi P.S. Case No. 176 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) KKSINHA/- U T