Banbari Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43015 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Banbari Sahani, son of Bhadai Sahani, 2.

Jaikishore Sahani, son of Bhadai Sahani, 3.

Bhadai Sahani, son of late Kishun Sahani, 4.

Janardhan Sahani, son of Gauri Sahani, 5.

Harilal Sahani, son of Gauri Sahani, 6.

Vivek Kumar, son of Baliram Sahani, 7.

Bare Kumar @ Baray Kumar, son of Baliram Sahani, 8.

Chotey Kumar @ Chaotey Kuwar @ Chotey Kumar, son of Baliram Sahni, all are resident of village- Badarjimi, P.S.- Mirganj, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in connection with Mirganj P.S. Case No.62 of 2019 dated 19.03.2019 instituted under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

3. The allegation against the petitioners and five others is of assaulting and specifically against petitioners no. 6, 7, and 8 of tearing the clothes of daughter of the informant,

Patna High Court CR. MISC. No.43015 of 2019 dt.16-11-2019 2/3 whereas, against petitioner no.1 of inflicting Gandasa blow on the head of daughter of the informant.

4. Learned counsel for the petitioners submitted that the allegations are general and omnibus and there is counter case also. It was submitted that the injuries are simple in nature.

5. Learned APP, from the case diary, submitted that the injury caused on the daughter of the informant by the petitioner no.1 is bone deep on the head. It was further submitted that petitioners no. 6, 7 and 8 have assaulted the daughter and dragged her into the field and also torn her clothes. It was submitted that all the petitioners together have committed the offence.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within four weeks from today, the petitioners no. 2, 3, 4 and 5 be released on bail upon furnishing bail bonds of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, XVI, Gopalganj, in Mirganj P.S. Case No.62 of 2019, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

Patna High Court CR. MISC. No.43015 of 2019 dt.16-11-2019 3/3

7. The prayer on behalf of petitioners no. 1, 6, 7 and 8 stands rejected.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T