Patna High Court - Orders
Srikishun Sah vs The State Of Bihar on 13 December, 2022
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43114 of 2022
Arising Out of PS. Case No.-189 Year-2021 Thana- MADHAURAH District- Saran
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1. SRIKISHUN SAH SON OF LATE KASHI SAH R/O VILLAGE-
MUBARAKPUR, P.S.- MARHOWRAH, DISTRICT- SARAN
2. GHANSHYAM SAH SON OF SRIKISHUN SAH R/O VILLAGE-
MUBARAKPUR, P.S.- MARHOWRAH, DISTRICT- SARAN
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Harish Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Lal, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-12-2022Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 379 and 34 of the Indian Penal Code.
The informant alleges that on 06.04.2021, she asked petitioner no. 1 to clear the outstanding amount of rent for twenty-four months amounting to Rs. 48,000/-, thereafter, petitioner no. 1 called the accused persons including the petitioner no. 2 and petitioner no. 2 gave orders to kill the informant on which it is alleged that petitioner no. 1 and Shyam Narayan assaulted informant causing injury on her head and Patna High Court CR. MISC. No.43114 of 2022(2) dt.13-12-2022 2/3 when her daughter-in-law, son and brother-in-law intervened all the accused assaulted them causing fracture of hand and injury on head, thereafter, petitioners took a small box of the informant which had gold and silver jewellery worth Rs. 50,000/-.
Learned counsel for the petitioners submits that petitioners have antecedent of one case and have been falsely implicated in the present case, it is next submitted that the Title Suit between the parties is going on and from perusal of the allegation as alleged in the FIR it would manifest that the dispute relates to landlord and tenant, it is further submitted that from perusal of Annexure-4 it would manifest that the injuries suffered by the injured are simple in nature except one injury which is grievous but is on non-vital part of the body that is on elbow (forearm).
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like Patna High Court CR. MISC. No.43114 of 2022(2) dt.13-12-2022 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Madhaurah P.S. Case No. 189 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/-
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