Ram Ishawar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38369 of 2020 Arising Out of PS. Case No.-271 Year-2019 Thana- MUSAHARI District- Muzaffarpur ====================================================== RAM ISHAWAR SAHANI S/o Late Kusheshwar Sahani Resident of VillageRajwaradih, P.S.-Mushahari, District-Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Mushahari P.S. Case No. 271 of 2019 registered for the offences punishable under Sections 143, 341, 323, 379, 504, 506 of the Indian Penal Code and Section 3⁄4 of Witch Hunting Act. As per fardbeyan of the informant Indu Devi, the petitioner along with other co-accused assaulted the informant and her family members and they also tried to put excrement in her mouth.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. He further submits that alleged occurrence took place on 18.11.2019 and the present FIR has been registered on

Patna High Court CR. MISC. No.38369 of 2020(3) dt.28-10-2021 2/2 24.11.2019 but there is no explanation of delay. He further submits that petitioner and informant's husband are full brother and both the parties are living in same boundary and there is some dispute regarding dwelling house.

The learned Additional Public Prosecutor vehemently opposed the prayer of bail on the ground that sufficient material is available against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner above named, in the event of his arrest/ surrender before the court below within a period of six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-6 cum Sub Judge, Muzaffarpur in Mushahari P.S. Case No. 271 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajesh Kumar Verma, J) shahzad/- U T