Kailash Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35677 of 2018 Arising Out of PS.Case No. -36 Year- 2018 Thana -RAJAUN District- BANKA ======================================================
1. Kailash Sah, S/o Sohan Sah,
2. Nitul Devi, W/o Kailash Sah,
3. Bilash Sah @ Rambilash Sah, S/o Sohan Sah.
4. Chanda Devi, W/o Bilash Sah @ Rambilash SAh,
5. Sohan Sah, S/o Late Barhan Sah, all resident of Village- Jabara, P.O. Shajha, Police Station- Rajoun, District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-06-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Rajoun P.S.Case No. 36 of 2018 registered under Sections 147, 149, 341, 323, 307, 379, 504 & 506 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the petitioners are step son and step daughter-inlaw of the husband of the informant. The entire allegation is false and fabricated would be manifest from the order passed by the learned Additional Sessions Judge-I, Banka by which he has rejected the application for grant of pre-arrest bail to
Patna High Court Cr.Misc. No.35677 of 2018 (2) dt.29-06-2018 2/2 the petitioners that in the case diary no injury report is available. On the other hand, learned counsel for the State submitted that the witnesses have supported the allegation that the petitioners had assaulted the informant with lathi, fists and slap. Regard being had to the nature of allegation and the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S.Case No. 36 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Pradeep/Sneha U T