Lakhan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28106 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Lakhan Sahni Son of late Nand Lal Sahni Resident of Village Belsandih, P.S. Vidhbutipur, District Samastipur.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bam Bahadur Jha, Advocate. For the Opposite Party : Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Vibhutipur P.S. Case No. 05 of 2017 for the offences instituted under Sections 147, 148, 341, 323, 325, 379, 307, 354, 504 an 506 of the IPC.
The prosecution story, in brief, is that on 10.01.2017 at about 1.00 P.M., the informant and her husband were sitting on her Darrwaja. Government Amin was doing measurement of the land of her and Kari Sahani. Her husband asked Amin as to whether his six Katha land was measured or not. On which, Kari Sahani, Amarnath Sahani, Ramnath Sahani, Debu Sahani, Nirsi Devi, Dukhani Devi Lakhan Sahani, Shakan Sahani, Lal Babu
Patna High Court Cr.Misc. No.28106 of 2017 (2) dt.06-07-2017 2/3 Sahani, Surendra Sahani and Dharmendra Sahani came there armed with Lathi, Danda. Nirsi Devi ordered them to kill him then all above named persons came at her door and started abusing her husband. Accused Kari Sahani assaulted over the land of informant's husband by Khanti, due to which he fell down and he sustained injury over his head and became unconscious, blood started oozing out. Thereafter al other accused persons assaulted him by Lathi and Danda. When she went to rescue him then they also assaulted her by Lathi and Danda. Accused Shakan Sahani snatched golden chain of the informant's husband worth Rs. 30,000/-. She took her husband at Bibhutipur for treatment where they referred to Samastipur.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. There is land dispute between the parties. It is a case and counter case between the parties. An encroachment case has also been filed by the mother of the petitioner against the informant and others. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the
Patna High Court Cr.Misc. No.28106 of 2017 (2) dt.06-07-2017 3/3 petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Vibhutipur P.S. Case No. 05/2017, G. R. No. 37/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., IV, Rosera, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T