Upendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10023 of 2020 Arising Out of PS. Case No.-320 Year-2019 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

UPENDRA SAHANI Son of Khalifa Sahani Resident of Village - Piprakothi Majhariya, P.S.- Piprakothi, Distt - East Champaran. 2.

Pramod Kumar @ Pramod Sahani Son of Khalifa Sahani Resident of Village - Piprakothi Majhariya, P.S.- Piprakothi, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2020 At the outset, the learned counsel for the petitioner seeks to withdraw the present petition qua the petitioner no.1 in order to enable him to surrender before the learned court below and obtain regular bail.

Accordingly, the present petition qua the petitioner no. 1 stands disposed off as not pressed, however with liberty to the petitioner no. 1 to surrender before the learned court below and pray for regular bail.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Piprakothi PS case no. 320 of 2019

Patna High Court CR. MISC. No.10023 of 2020(2) dt.03-03-2020 2/3 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354, 504, 506/34 of Indian Penal Code. The allegation is regarding the petitioner no. 1 having assaulted the informant and her son resulting in injuries to them. As far as petitioner no. 2 is concerned, he is stated to have caught hold of the daughter-in-law of the informant and misbehaved with her.

The learned counsel for the petitioners has submitted that as far as petitioner no. 2 is concerned, a general and omnibus allegation has been levelled and there is no allegation of any sort of specific over act against him. It is further submitted that the petitioner no. 2 is having a clean antecedent.

Having regard to the facts and circumstances of the case and considering submissions made by the learned counsel for the petitioners, I deem it fit and appropriate to admit the petitioner no. 2 to the privilege of anticipatory bail. Accordingly, the petitioner no. 2, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.10023 of 2020(2) dt.03-03-2020 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Piprakothi PS case no. 320 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T