Gobardhan Sah And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.30853 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30853 of 2017 Arising Out of PS.Case No. -82 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Gobardhan Sah, son of Chanar Sah

2. Ravi Sah @ Ravi Kumar Son of Gobardhan Sah

3. Tarwin Sah @ Tarwin @ Praveen Sah son of Gobardhan Sah All resident of village-Bara Bariyarpur, Police Station-Chhatauni, DistrictEast Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-07-2017 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Chhatauni P.S. Case No. 82 of 2015 instituted for the offences punishable under Sections 147, 148, 149, 448, 323, 354, 307, 379 and 506 of the Indian Penal Code.

The allegation as per written report is that on 23rd April 2015 at 7:00 A.M., these petitioners along with 10-15 unknown persons attacked on the house of the informant and brutally assaulted him and his family members. The petitioner no. 1, namely, Gobardhan Sah, allegedly assaulted one Mala Devi by iron-rod and other petitioners assaulted his family members.

Patna High Court Cr.Misc. No.30853 of 2017 (2) dt.06-07-2017 There is a case and counter case between the parties. The informant of the present case is step son of the informant of Chhatauni P.S. Case No. 86 of 2015. There appears bona fide land dispute between the parties. The injury report of Mala Devi annexed as Annexure-3 shows that she sustained an incised wound on scalp measuring 2" x 1⁄2" which has been found as simple in nature. There is no repetition of blow. The other allegation is omnibus.

In the aforesaid facts and circumstances of the case, the anticipatory bail prayer is allowed. The petitioners, above named, in the event of arrest / surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIII, East Champaran at Motihari in connection with Chhatauni P.S. Case No. 82 of 2015, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar, J) ajaypd./- U T