Sheo Janam Sao @ Musan Sao And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1480 of 2018 Arising Out of PS. Case No.-740 Year-2017 Thana- BIHTA District- Patna ======================================================
1. Sheo Janam Sao @ Musan Sao, Son of Late Purnmasi Sao.
2. Mukesh Sao, Son of Sheo Janam Sao @ Musan Sao.
3. Punam Devi, D/o- Sheo Janam Sao @ Musan Sao. All Resident of Village- Dariyapur, P.O.+ P.S. Bihta, District Patna. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Kant Kumar For the Opposite Party/s :
Mr. SRI S. EHTESHAMUDDIN ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447, 341, 323, 504, 379 and 354/34 of the IPC.
The prosecution case, as per the written report of Anita Devi dated 28.09.2017 is to the effect that the petitioners being the co-villagers of the informant reached to the house of the informant, abused her and on protest being made, all the accused persons assaulted her and on alarm being raised, the husband of the informant reached on the spot to rescue her, then the accused persons also assaulted him. It is further alleged that all the accused persons snatched earring and gold chain of the informant. The occurrence took place in the background of the
Patna High Court Cr.Misc. No.1480 of 2018(2) dt.12-01-2018 2/3 fact that petitioner no.1 had ill intention towards the informant. Learned counsel for the petitioners submits that the petitioners are the agnates of the informant. For the petty dispute, the accusation has been levelled. There is counter version of the occurrence also being Bihta P.S. Case No. 739 of 2017, registered under Sections 341, 323, 504 and 379/34 of the IPC. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is further submitted that no substantial injury has been caused to the informant and the accusation under Sections 354 and 379 IPC appears to be cosmetic in nature. Learned APP submits that the accusation is specific against the petitioners.
Considering the nature of accusation, the relationship between the petitioners and the informant and the fact that no substantial injury has been caused to the informant, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM, Danapur
Patna High Court Cr.Misc. No.1480 of 2018(2) dt.12-01-2018 3/3 (Patna) in connection with Bihta P.S. Case No. 740 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T