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Patna High CourtCR. MISC./69094/2018partly allowed disposal

Hira Sahni And ORS v. The State Of Bihar

2018-12-18Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69094 of 2018 Arising Out of PS. Case No.-449 Year-2018 Thana- KHAGARIA District- Khagaria ======================================================

1. Hira Sahni, Son of Devendra Sahni

2. Rubi Devi, D/o of Ghuro Sahni @ Ghuto Sahni

3. Sanju Devi @ Ranju Devi, D/o of Ghuro Sahni @ Ghuto Sahni All Resident of Village-Baluahi, Ward No.26, Police StationKhagaria,Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Amrendra Kumar, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2018 Dr. Amrendra Kumar, the learned counsel for the petitioners, after some arguments, seeks permission to withdraw this case with respect to petitioner No. 1/Hira Sahni in order to enable him to appear before the Court below and seek regular bail.

The prayer for anticipatory bail of petitioner No. 1 is, therefore, dismissed as withdrawn with the liberty

Patna High Court Cr.Misc. No.69094 of 2018(2) dt.18-12-2018 2/3 aforesaid.

The petitioner Nos. 2 and 3 seek bail in anticipation of their arrest in connection with Khagaria P.S. Case No. 449 of 2018, dated 06.07.2018, instituted for the offences under Sections 341, 323, 504, 448, 379 and 308/34 of the Indian Penal Code.

The informant has alleged that while she was doing some work in her house, the petitioners along with others came and assaulted her grandson and others and also took away valuable from the house. No reason has been assigned in the F.I.R for the aforesaid occurrence.

There is counter version of the occurrence also vide Khagaria P.S. Case No. 450 of 2018.

The injuries suffered by the victims are stated to be simple in nature.

Considering the aforesaid facts as also taking into account the gender of petitioner Nos. 2 and 3 above named, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, are

Patna High Court Cr.Misc. No.69094 of 2018(2) dt.18-12-2018 3/3 directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 449 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T