Musaharu Sahni @ Musharu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10290 of 2020 Arising Out of PS. Case No.-4 Year-2018 Thana- LADANIA District- Madhubani ====================================================== MUSAHARU SAHNI @ MUSHARU SAHNI Son of Rajeshwer Sahni Resident of Village - Barhmotra, P.S.- Ladaniya, Distt - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application for regular bail arises out of Ladaniya P.S. Case No. 04 of 2018, disclosing the offences under Sections 447, 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

The petitioner and the informant are co-villagers. It is alleged that the persons named in the First Information Report were abusing the informant and when their conduct was objected to by the informant's wife, the petitioner tied a rope around the informant's neck and thrashed him, because of which, he fell down on the

Patna High Court CR. MISC. No.10290 of 2020(2) dt.28-02-2020 2/3 ground. Allegedly, he was dragged by the informant in that condition.

Learned counsel appearing on behalf of the petitioner has submitted that the lodging of the First Information Report is counter blast to the First Information Report earlier lodged by the petitioner's wife on 29.08.2017, a copy of which, has been brought on record by way of Annexure-3 to this application. In the said First Information Report, the informant of the case is an accused. My attention has been drawn to Annexure-2 of the application which is the injury report which corroborates the allegation made in the First Information Report. However, considering the genesis of the occurrence, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Madhubani, in connection with Ladaniya P.S. Case No. 04 of 2018, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and

Patna High Court CR. MISC. No.10290 of 2020(2) dt.28-02-2020 3/3 in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T