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Patna High CourtCR. MISC./31414/2020bail granted

Dharmendra Sahni v. The State Of Bihar

2020-12-03Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31414 of 2020 Arising Out of PS. Case No.-308 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Dharmendra Sahni, aged about 35 years, male, Son of Bilash Sahni @ Vilash Sahani, Resident of Village - Sanathi dih, P.S.- Bochahan, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-12-2020 Heard Mr. Arvind Kumar, learned counsel for the petitioner and Mr. Arvind Kumar Pandey, learned APP for the State.

The petitioner seeks bail in connection with Bochahan P.S. Case No. 308 of 2019, dated 30.08.2019, instituted for the offences under Sections 147, 148, 149, 447, 341, 323, 325, 315, 307, 302, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.31414 of 2020(2) dt.03-12-2020 2/3 The petitioner along with many others have been named in the First Information Report with the allegation of assaulting the informant, his family members and others. The wife of the informant, viz., Chandani Kumari died as a result of the assault perpetrated upon her. The petitioner is not alleged to have assaulted the deceased. So far as the petitioner is concerned, he is said to have assaulted one Manoj Sahni, who is the brother of the informant. According to the allegation, aforesaid Manoj Sahni received serious injuries on his head.

However, learned counsel for the petitioner has submitted and has also stated in paragraph 12 of the bail application that no injury at all was found on the person of aforesaid Manoj Sahni.

Considering the aforesaid aspect of the matter, the petitioner/Dharmendra Sahni is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 14th Additional Chief Judicial Magistrate, Muzaffarpur in connection with Bochahan

Patna High Court CR. MISC. No.31414 of 2020(2) dt.03-12-2020 3/3 P.S. Case No. 308 of 2019.

However, while granting bail to the petitioner, the Court below shall verify the correctness of the aforesaid statement and shall implement this order only if the information provided by the counsel for the petitioner, regarding no injury on the person of Manoj Sahni, is found to be correct.

With the aforesaid observation/direction, the application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T