Patna High CourtCR. MISC./43455/2017bail granted

Arjun Sahni v. The State Of Bihar

2017-09-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43455 of 2017 Arising Out of PS.Case No. -217 Year- 2017 Thana -BAHERA District- DARBHANGA ======================================================

1. Arjun Sahni Son of Late Yogendra Sahni, Resident of Village-Goghatta, P.S.-Bahera, District-Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2017 Heard both sides.

The petitioner apprehends his arrest in Bahera P.S. case No. 217 of 2017 for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The petitioner is alleged to have assaulted the informant with Farsa on her head.

The learned counsel for the petitioner submits that that there is a counter version. The petitioner and informant and her family members are descendant of the common ancestor. There is land dispute between the parties. The occurrence took place due to flow of drainage water. The informant got simple injury as has been noticed by the learned Sessions Judge in the impugned order.

Patna High Court Cr.Misc. No.43455 of 2017 (2) dt.19-09-2017 2/2 The learned A.P.P., on the other hand, vehemently opposed the prayer for anticipatory bail.

It appears that, of course, the petitioner is alleged to have assaulted the informant with Farsa but injury is simple in nature and there is no repetition of blow.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Bahera P.S. case No. 217 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T