Ganesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6956 of 2022 Arising Out of PS. Case No.-393 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

GANESH SAHNI S/o Late Jailal Sahni @ Late Jadu Lal Sahni Resident of Village - Majharia Shekh, P.S. - Majhaulia, Dist. - West Champaran. 2.

Ravindra Sahni S/o Ganesh Sahni Resident of Village - Majharia Shekh, P.S. - Majhaulia, Dist. - West Champaran.

3.

Jhauri Devi @ Auri Devi W/o Ganesh Sahni Resident of Village - Majharia Shekh, P.S. - Majhaulia, Dist. - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2022 It is submitted by learned counsel for the petitioners that during pendency of this application, petitioner no. 1 has been arrested and, as such, he seeks permission to withdraw this application.

In view of the aforesaid submission, this application is dismissed as withdrawn against petitioner no. 1 . So far as rest of the petitioners are concerned, the instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Manjhaulia P.S. Case no. 393 of 2021 instituted for the offence under Sections 447, 341, 323, 324, 307, 504, 506, 34 of the

Patna High Court CR. MISC. No.6956 of 2022(2) dt.11-08-2022 2/3 Indian Penal Code.

As per allegation in the FIR, while the informant was doing some work at her door, several accused persons including the petitioner came there and started to abused her by addressing witch and assaulted her by means of lathi, slaps and fists. She fell down on ground and they beaten her again by iron rod over her head as a result of which she sustained nose bleeding apart from head injury.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. There is unexplained delay of a week in lodging the FIR. There is case and counter case. Both parties are close door neighbour. It is asserted in para 8 of the petition, that informant has not sustained any serious/grievous injury. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners no. 2 and 3 on bail. The petitioners nos. 2 and 3 are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Manjhaulia

Patna High Court CR. MISC. No.6956 of 2022(2) dt.11-08-2022 3/3 P.S. Case no. 393 of 2021, they will be enlarged 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 learned C.J.M. Bettiah, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U