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Patna High CourtCR. MISC./10202/2023allowed

Harendra Sahani v. The State Of Bihar

2023-04-18Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10202 of 2023 Arising Out of PS. Case No.-257 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== Harendra Sahani Son Of Late Bhajan Sahni Resident Of Village - Dakshin Telua, P.S.- Nautan, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Nautan P.S. Case No. 257 of 2021 registered under sections 341, 323, 307, 354(B), 379, 504, 506 and 34 of the Indian Penal Code. Allegation against the petitioner along with other co-accused persons is that they tried to outrage the modesty of the informant's niece. Further when she raised alarm, then informant along with her family members came then the petitioner gave farsa blow on one Sumitra Devi due to which she injured and co-accused Kishore Sahani assaulted the

Patna High Court CR. MISC. No.10202 of 2023(2) dt.18-04-2023 2/3 informant's niece by means of iron road. It is also alleged that they assaulted other family members of the informant's side and snatched their ornament.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. It is further submitted that there is case and counter case between both the parties and both parties have sustained injuries as alleged in separate occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Nautan P.S. Case No. 257 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief

Patna High Court CR. MISC. No.10202 of 2023(2) dt.18-04-2023 3/3 Judicial Magistrate, Bettiah, West Champaran. (Sunil Kumar Panwar, J) shubham/- U T