Jitendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26026 of 2020 Arising Out of PS. Case No.-304 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== JITENDRA SAHNI Son of Shiva Sahni Resident of Village - Rasalpur, (Old Market), P.S.- Bajpatti, District - Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 324, 307, 354B, 379, 504, 506/34 of the I.P.C.

Prosecution case, in short, is that the accused persons including the petitioner assaulted the informant with lathi, danda and co-accused Shiva Sahni tore her saree and blouse and outraged her

Patna High Court CR. MISC. No.26026 of 2020(2) dt.12-10-2020 2/2 modesty. The petitioner inflicted farsa blow on the informant's forehead resulting cut injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.04.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case and counter case between the parties. For petty reason the alleged occurrence is said to have taken place. Free fight is alleged to have taken place between the parties. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 S.D.J.M., Pupri at Sitamarhi in connection with Bajpatti P.S. case No.304 of 2019. (Sudhir Singh, J) Narendra/- U T