Saroj Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29406 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== SAROJ SAHANI Son of Late Jainandan Sahani, Resident of Village-Balaha, P.S.-Lalganj, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2019 Heard both sides.

The petitioner apprehends his arrest in Lalganj P.S. Case No.7 of 2019 registered under Sections 307, 323, 341, 379, 406 and 354 of the Indian Penal Code.

The informant filed a complaint case alleging therein that on 24.10.2018, the accused persons entered into her house. Saroj Sahani(the petitioner) removed the cloths of the complainant. On alarm, her husband came to save but Lalbabu Sahani and Mantu Sahani caught him and Biger Sahani assaulted him with garasi on his head causing injury on shoulder. Saroj Sahani is alleged to have assaulted the informant with iron rod causing fracture injury on her right hand. It is further alleged that the accused persons did not pay the wages

Patna High Court CR. MISC. No.29406 of 2019(2) dt.03-05-2019 2/3 amounting to Rs.27,000/- of her son and also snatched mobile from the possession of her son.

The learned counsel for the petitioner submits that the occurrence is alleged to have taken place on 24.10.2018 but the complaint petition was filed on 31.10.2018. There is no injury on the person of the informant or her husband. It is further submitted that dispute arose for non-payment of wages and for that, the complainant filed the case. Other accused persons have already been granted anticipatory bail by the same order whereas the anticipatory bail petition of the petitioner was refused on the ground that there is allegation against the petitioner that he torn the cloth of the complainant. Taking into consideration the fact that the complaint petition was filed after seven days of the occurrence on the basis of which present F.I.R.

was lodged and there appears to be a dispute with regard to non-payment of wages, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in connection with Lalganj P.S. Case No.

Patna High Court CR. MISC. No.29406 of 2019(2) dt.03-05-2019 3/3 of 2019, Complaint Case No.2996 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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