Bishun Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29206 of 2018 Arising Out of PS. Case No.-638 Year-2017 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================

1. Bishun Sahani, son of Jang Bahadur Sahani,

2. Biltu Sahani, son of Thakur Sahani,

3. Usha Devi, wife of Bishun Sahani,

4. Usha Devi, wife of Biltu Sahani, All are resident of village-Lakhaura Brahmtola, P.S. Lakhaura, District-East Champaran. ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Muffasil (Lakhaura) P.S. Case no. 638 of 2017, registered under Sections 341, 447, 323, 379 and 504/34 of the Indian Penal Code and Section 3/4 of Daain Act. The accusation is that at about 10.00 A.M. on 19.11.2017, petitioners reached at the door of the informant and started to abuse her denoting her as witch and they also laid the informant on the ground catching her hair. At that time, petitioners also snatched silver ornament to the neck of the informant. On raising alarm, the son of the informant reached

Patna High Court Cr.Misc. No.29206 of 2018(2) dt.10-05-2018 2/2 for rescue, but he was also assaulted.

Learned counsel for the petitioners submits that, in fact, petitioners and informant are Pattidar and due to land dispute, the present case has been filed with false allegation only to give undue pressure. The petitioners having no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Muffasil (Lakhaura) P.S. Case No. 638 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T