Chhabila Sahani @ Chabila Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37773 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Chhabila Sahani @ Chabila Sahni SON OF LATE VILAS SAHNI R/O VILL.- Koilwar Banpat Tola ward no. 8, P.S.- Koilwar, DIST.- Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Prasad Gupta For the Opposite Party/s :
Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-07-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Koilwar Police Station Case No. 53 of 2024, dated 02.02.2024, disclosing offences under Sections 341/324/307/354/504/506 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 01.02.2024, at about 07:30 PM, the petitioner, along with other accused persons, assaulted the informant by means of iron rod on her head and also assaulted the niece of the informant by means of knife and the coaccused Karan Kumar and Vikash Kumar outraged her modesty.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.37773 of 2024(2) dt.03-07-2024 2/3 petitioner has falsely been implicated in the present case due to land dispute and both the parties are agnates and neighbours also. The injury caused to the informant is simple in nature as would be evident from the impugned order. He next submits that co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 28601 of 2024.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that there is general and omnibus allegation against the petitioner, injury caused to the informant is simple in nature and similarly situated persons have been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Koilwar Police Station Case No. 53 of 2024, subject to the
Patna High Court CR. MISC. No.37773 of 2024(2) dt.03-07-2024 3/3 condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T