Harendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6597 of 2023 Arising Out of PS. Case No.-166 Year-2022 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== HARENDRA SAHNI SON OF LATE BATHU SAHNI R/O VILLAGEHARSHER, P.S.- SIWAIPATTI, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Siwaipatti Police Station Case No. 166 of 2022, dated 04.09.2022, disclosing offences under Sections 341/323/ 325/354/379/504/506/34 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that the daughters of the informant had gone with goat for grazing, during which the petitioner outraged her modesty and also assaulted the informant and his daughters. Learned Counsel for the petitioner submits that both the parties are neighbours and there was dispute between them on the trivial issue of grazing of goat. He further submits

Patna High Court CR. MISC. No.6597 of 2023(2) dt.18-05-2023 2/3 that there is case and counter case and the First Information Report has been lodged by the petitioner, bearing Siwaipatti Police Station Case No. 157 of 2022, which is prior in time to the First Information Report lodged by the informant. He also submits that the present First Information Report is a counter blast to the First Information Report lodged by the petitioner against the informant and others.

Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbours, there is case and counter case and the occurrence has taken place on the trivial issue of grazing of goat, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate (East), Muzaffarpur, in connection with Siwaipatti Police Station Case No. 166 of 2022, subject to the condition laid down under Section 438 (2) of the

Patna High Court CR. MISC. No.6597 of 2023(2) dt.18-05-2023 3/3 Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √