Bojel Shahani @ Bojel Sahani @ Bijel Sahani @ Vijay Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1213 of 2018 Arising Out of PS.Case No. -66 Year- 2017 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bojel Shahani @ Bojel Sahani @ Bijel Sahani @ Vijay Sahani, S/o Jhulan Sahani.

2. Raj Kali Devi, W/o Kodo Sahani.

3. Kodo Sahani, S/o Late Jaga Sahani.

4. Nand Lal Sahani, S/o Late Kishun Sahani.

5. Manju Devi, W/o Munni Lal Sahani.

All R/o village- Jalahan, P.S.- Sangrampur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 11-01-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sangrampur P.S. Case No.66 of 2017 registered under Sections 341, 323, 379, 307, 447 and 427 of the Indian Penal Code. The accusation is that the petitioner no.1 Bijel Sahani alongwith his father Jhulan Sahani came at the door of the informant Lalita Devi and made complaint about constructing the hut then the informant replied that she is putting the hut on her own land. Thereafter, the petitioner no.2 Raj Kali Devi removed

Patna High Court Cr.Misc. No.1213 of 2018 (2) dt.11-01-2018 2/3 the hut. When Kiran Kumari, the daughter of the informant, rushed there to pacify the dispute, then the petitioner no.1 and his father Jhulan Sahani caused assault to her through lathi and Fatta. The daughter of the informant was also assaulted by the petitioner nos.3, 4 and 5, namely, Kodo Sahani, Nand Lal Sahani and Manju Devi respectively, through lathi and Fatta. At that time, they also snatched the chain from the neck of the daughter of the informant.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are next door neighbour of the informant and due to land dispute, the occurrence of "Maar-Peet" took place in between the parties in which the petitioners' side also sustained injury regarding which on the basis of the written report of Indu Devi, the wife of the petitioner no.1, Sangrampur P.S. Case No.67 of 2017 was instituted against the informant of the present case and others. Moreover, the injuries, as caused to the informant, her daughter and husband, are simple in nature. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.1213 of 2018 (2) dt.11-01-2018 3/3 Champaran at Motihari, in connection with Sangrampur P.S. Case No.66 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T