Kamlesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19814 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== KAMLESH SAHNI Son of Late Ram Shobhit Sahni Resident of village - Ajijpur Chande, Tola Nareshpur, P.S.- Patepur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 325, 307, 354(B), 379, 504, 506 and 34 of the Indian Penal Code. The allegation against the petitioner along with another is of assaulting the informant, when she went to feed her cows along with her daughter. It is alleged that, on protest her sari was opened and told to commit rape thereafter, petitioner attacked on head by iron rod and pierced rod in the ear and

Patna High Court CR. MISC. No.19814 of 2023(2) dt.19-05-2023 2/3 dragged by catching hair, due to which the informant sustained injuries on her body and the petitioner snatched her golden ear ring. It is further alleged that the informant's daughter also sustained injuries, and the petitioner threatened to shoot and demanded Rangdari.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is general and omnibus allegation against the petitioner. The petitioner is Devar of the informant. There is a dispute regarding partition of ancestor property and due to that reason, the false case has lodged against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 31.12.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief

Patna High Court CR. MISC. No.19814 of 2023(2) dt.19-05-2023 3/3 Judicial Magistrate, Vaishali at Hajipur/concerned Court in connection with Patepur P.S. Case No. 258 of 2022. (Sunil Kumar Panwar, J) arish/- U T