Nagina Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52231 of 2021 Arising Out of PS. Case No.-223 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== NAGINA SAHNI SON OF LATE GOPAL SAHNI RESIDENT OF VILLAGE- GAURA KOTHI PS - SAHEBGANJ DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sahebganj Police Station Case No. 223 of 2021, registered for the offence punishable under Sections 341/323/504/308/354/ 379/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner has allegedly assaulted the daughter-in-law of the informant by means of iron-rod on her head.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to dispute between the parties over fishing. He next submits that from

Patna High Court CR. MISC. No.52231 of 2021(2) dt.22-04-2022 2/3 perusal of the impugned order, it would be evident that the injury caused to the informant's daughter-in-law on her head is attributed to sharp-cutting weapon; whereas the allegation against the petitioner is that he assaulted the daughter-in-law of the informant by means of iron-rod, which is hard and blunt substance. He further submits that the petitioner is in custody since 15.06.2021 and charge sheet has been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the materials on record and the fact that both the parties are co-villagers, there appears to be dispute between them over fishing, charge sheet has already been submitted in this case and the petitioner is in custody since 15.06.2021, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, West, Muzaffarpur, in connection with Sahebganj Police Station

Patna High Court CR. MISC. No.52231 of 2021(2) dt.22-04-2022 3/3 Case No. 223 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √