Harendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26585 of 2020 Arising Out of PS. Case No.-756 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== HARENDRA SAHNI S/o Vijay Sahni Resident of Village- Rain Shankar, P.S.- Runnisaidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Runnisaidpur P.S. Case No. 756 of 2018 registered under Sections 341, 323, 448, 324, 307, 379, 504/34 of the Indian Penal Code.

The prosecution allegation, in short, is that for trivial issue, the accused persons entered into the house of the informant and assaulted her along with family members due to which they sustained injuries.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is submitted on behalf of the petitioner that in

Patna High Court CR. MISC. No.26585 of 2020(4) dt.19-02-2021 2/2 course of treatment, the victim is said to have died and Section 302 IPC has been added in the present case. The petitioner has falsely been implicated in the present case for oblique reason. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. There is specific allegation for giving an iron rod blow on the head. From perusal of the postmortem report, it appears that there is injury on the scalp and same is said to have been caused by hard and blunt substance. The post-mortem report corroborates the allegation made in the F.I.R..

Considering the same, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected. If the petitioner surrenders in the Court below, the same shall be considered on its own merit without being prejudiced by the present order.

(Sudhir Singh, J) Pankaj/- U T