Nago Sao @ Najo Sao @ Nago Sah @ Nakho Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86850 of 2019 Arising Out of PS. Case No.-1059 Year-2019 Thana- COMPLAINT CASE District- Jamui ====================================================== 1.

NAGO SAO @ NAJO SAO @ NAGO SAH @ NAKHO SAO, Son of Late Kailu Sao, Resident of Village - Tihiya, P.S.- Khaira, District - Jamui. 2.

Rakesh Sao @ RAKESH SAH @ RAJESH SAH, Son of NAGO SAO @ NAJO SAO @ NAGO SAH @ NAKHO SAO, Resident of Village - Tihiya, P.S.- Khaira, District - Jamui.

3.

Munna Sao @ MUNNA SAH, Son of NAGO SAO @ NAJO SAO @ NAGO SAH @ NAKHO SAO, Resident of Village - Tihiya, P.S.- Khaira, District - Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rina Devi, Wife of Tuntun Sao, Resident of Village - Tihiya, P.S.- Khaira, District - Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners, being the father and brothers of the husband of the complainant, are apprehending arrest in a complaint case wherein process has been directed after cognizance being taken for the offences punishable under Sections 354B and 307/34 of the Indian Penal Code. The prosecution case as per the complainant is that on 15.07.2019 at about 8.00 P.M., all the accused persons,

Patna High Court CR. MISC. No.86850 of 2019(2) dt.24-02-2020 2/3 including the petitioners, entered into the house of the complainant and assaulted her by rod and lathi. It is submitted by learned counsel for the petitioners that in the background of partition dispute, the accusation has been levelled against the petitioners and other accused persons. Moreover, for the alleged occurrence of 15.07.2019, the complaint was filed on 18.07.2019. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that the learned CJM after finding the accusation prima facie true, took cognizance and thereafter process has been directed to be issued against the petitioners.

Considering the genesis of the occurrence being land dispute between the parties and delayed lodging of the case coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, 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 Judicial

Patna High Court CR. MISC. No.86850 of 2019(2) dt.24-02-2020 3/3 Magistrate, 1st Class, Jamui, in connection with Complaint Case No.1059 C of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T