Patna High CourtCR. MISC./59885/2017disposed

Raj Kumar Sah And ORS v. The State Of Bihar

2017-12-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59885 of 2017 Arising Out of PS. Case No.-11 Year-2017 Thana- PIPRAKOTHI District- East Champaran ======================================================

1. Raj Kumar Sah, Son of Bhadai Sah

2. Rupesh Sah, Son of Bhadai Sah

3. Anita Devi, son of Raj Kumar Sah

4. Bhadai Sah, Son of Late Biltu Sah

5. Rinku Devi, W/o Rupesh Sah, All are Resident of VillageSurjapur Koiriya Tola, P.S.- Pipra Kothi, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. SRI UMA SHANKAR PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,148,149,341,323,325,307,379 and 504 of the IPC. The prosecution case is that the informant was at his door when the accused persons came variously armed. Accused Raj Kumar Sah assaulted with iron rod on the head of the informant. Petitioner no. 3 Anita Devi took out Rupees Fifteen Thousand from the pocket of the informant. When the mother of the informant came to his rescue, then the petitioner no. 2 Rupesh Sah took her Mangalsutra. Petitioner no. 4 Bhadai Sah is alleged to have assaulted the informant with lathi on his hand. The injury

Patna High Court Cr.Misc. No.59885 of 2017(2) dt.12-12-2017 2/2 on the elbow of the informant has been found to be grievous. It is submitted by learned counsel for the petitioners that the injury caused on the head of the informant was found to be simple.

Considering the specific accusation against petitioner no. 4 of causing grievous injury to the informant, this Court is not inclined to grant anticipatory bail to petitioner no. 4, which is accordingly, rejected.

However, considering the fact that the accusation against petitioner no. 1 to 3 and 5 is omnibus and general in nature, let the petitioner no. 1 to 3 and 5 above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari in connection with Pipra Kothi P.S. Case No. 11 of 2017.

(Dinesh Kumar Singh, J) anil/- U