Nagina Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9728 of 2024 Arising Out of PS. Case No.-632 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Nagina Sahani Son Of Baldev Sahni R/O-Bardaha, P.S.-MUFFASIL, Distt.- EAST Champaran 2.

Dharmendra Sahni @ Kariaka Son Of Baldev Sahani R/O-Bardaha, P.S.- MUFFASIL, Distt.-EAST Champaran 3.

Birendra Sahani Son Of Baldev Sahani R/O-Bardaha, P.S.-MUFFASIL, Distt.-EAST Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rashmi Jha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Muffasil P.S. Case No. 632/2023 dated 02.09.2023 registered for the offences punishable u/ss 341, 323, 324, 307 and 504 read 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have abused the son of the informant when he was returning after attending call of nature. On protest, the petitioner No.1 assaulted the informant's son with bamboo and the co-accused assaulted him with Tanguli, causing injury.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.9728 of 2024(2) dt.11-03-2024 2/2 implicated in this case on account of land dispute. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioner No. 2 and 3. Learned counsel has submitted that as per Annexure-2, the injury is simple in nature.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Muffasil P.S. Case No. 632/2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T