Sonelal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35316 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

Sonelal Sahani Son Of Bachcha Sahani Resident Of Village- Puraina, P.S.- Dumariyaghat, District- East Champaran 2.

Dasrath Sahani Son Of Bachcha Sahani Resident Of Village- Puraina, P.S.- Dumariyaghat, District- East Champaran 3.

Bachcha Sahani Son Of Late Kheman Sahani Resident Of Village- Puraina, P.S.- Dumariyaghat, District- East Champaran 4.

Kishore Sahani Son Of Late Bishambhar Sahani Resident Of VillageBadeha, P.S.- Barauli, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 447, 341, 323, 307, 379, 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the

Patna High Court CR. MISC. No.35316 of 2021(2) dt.12-04-2022 2/3 petitioners came at the door of the informant and abused him. Petitioner No.3 assaulted the informant by lathi, due to which he sustained injury on his head. When informant's Bhawe came to rescue, petitioner No.4 assaulted on her head and tore her clothes and snatched gold chain worth Rs.20,000/-. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. From the order of the Sessions Court, it appears that the nature of injury is simple. No offence under Section 307 of I.P.C. is attracted in the present case. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Dumariyaghat P.S.

Patna High Court CR. MISC. No.35316 of 2021(2) dt.12-04-2022 3/3 case No.242/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T