Batahu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14218 of 2024 Arising Out of PS. Case No.-365 Year-2023 Thana- MINAPUR District- Muzaffarpur ======================================================
1. BATAHU SAHNI
2. MAHARAJ SAHNI, BOTH S/O LATE GANESH SAHNI R/O VILLAGEMETHANAPUR, P.S- MINAPUR, DISTT.- MUZAFFARPUR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Ravi Ranjan, Advocate For the State :
Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 504, 506, 379, 354B, 325 and 307 of the Indian Penal Code.
3. As per prosecution case, on 27.08.2023 at 6-7 AM, all the accused persons named in the F.I.R., including these petitioners, armed with lathi and danda, arrived at the house of the informant and began to abuse and assault her. Thereafter, when the husband and son of the informant came to rescue her, they were also assaulted with iron rod, as a result of which husband of the informant sustained injuries on the head. It is further alleged that co-accused Renu Devi snatched gold chain
Patna High Court CR. MISC. No.14218 of 2024(4) dt.09-07-2024 2/3 and cash worth Rs. 50,000/- and co-accused Payal Kumari and Kiran Devi entered into the informant's house and took cash worth Rs. 15,000/-.
4. It is submitted by learned counsel appearing on behalf of the petitioners that both parties are co-villagers and due to a petty dispute, a free fight took place in which both sides sustained injuries. There is case and counter-case between the parties. The injuries allegedly caused by these petitioners has been opined to be simple in nature. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the inured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged 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 Judicial Magistrate
Patna High Court CR. MISC. No.14218 of 2024(4) dt.09-07-2024 3/3 First Class, Muzaffarpur, in connection with Minapur P.S. Case No.365 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T