Raja Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33044 of 2015 Arising Out of PS.Case No. -102 Year- 2014 Thana -JAMALPUR District- DARBHANGA ====================================================== Raja Sahni, Son of Ram Chandra Sahni, Resident of Village - Akhatbara, P.S - Jamalpur (Bargaon O.P), District -Darbhanga(Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Ram Shankar Das (Spl.PP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-08-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Jamalpur (Bargaon O.P.) P.S. Case No.102 of 2014 for allegedly having committed the offence under Sections 341, 323, 353, 354,370 and 504/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is one of snatching of gold chain and earring from the wife of the informant. Learned counsel further submits that though it is alleged in the F.I.R that the occurrence took place on the way to the School, yet it is in

Patna High Court Cr.Misc. No.33044 of 2015 (2) dt.21-08-2015 2/2 the same F.I.R. the informant has stated that the occurrence took place in front of his house and not in public view. Learned counsel further submits that there are no independent witnesses in support of the case, which goes to show that it is not in public view.

Considering the nature of allegation and also the fact that there is a case and counter case between the parties and the petitioner has no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Ajay Kumar, learned Judicial Magistrate, 1st Class, Biraul at Benipur, in connection with Jamalpur (Bargaon O.P.)) P.S. Case No.102 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T