Kanchan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72204 of 2019 Arising Out of PS. Case No.-346 Year-2019 Thana- JAMUI District- Jamui ====================================================== 1.

KANCHAN SAH Son of Ved Ratan Sah Resident of Village-Khairma, P.S.- Jamui, District-Jamui.

2.

Ved Ratan Sah s/o Late Ganga sah Resident of Village-Khairma, P.S.-Jamui, District-Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Sahay, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Jamui P.S. Case No. 346 of 2019, registered under Sections 147, 149, 341, 323, 354B, 325, 307, 379, 427 and 504 of the Indian Penal Code.

The accusation is that in the noon of 29.06.2019, petitioner no. 2, Ved Ratan Sah, along with Rohit Kumar, Rahul Kumar and Kanchan Sah (petitioner no. 1), started to dig the plinth over the land of the informant, Pratima Devi. When she made protest, then, all started to abuse. On order of Rohit Kumar, Kanchan Sah (petitioner no. 1) gave lathi blow causing

Patna High Court CR. MISC. No.72204 of 2019(2) dt.05-02-2020 2/2 injury at her fore-head. Thereafter, Rohit Kumar and Rahul Kumar also pulled her. When Bharat Sah, husband of the informant, rushed to save, then, he was also assaulted by Kanchan Sah (petitioner no. 1) through iron rod. Submission is that both the petitioners are brother-inlaw and father-in-law of the informant and due to land dispute occurrence of marpeet took place in which both side sustained injury. More over, injuries, found on the informant and her husband, are simple in nature.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Jamui P.S. Case No. 346 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T