Laxmi Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50674 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- KURSAILA District- Katihar ====================================================== 1.
LAXMI SAHNI SON OF BHUTAR SAHNI R/O- NAGAR PANCHAYAT KURSELA, WARD NO. 5, P.S.- KURSELA, DISTT.- KATIHAR 2.
GUDDU KUMAR SON OF BHUTAR SAHNI R/O- NAGAR PANCHAYAT KURSELA, WARD NO. 5, P.S.- KURSELA, DISTT.- KATIHAR 3.
DHANANJAY KUMAR SON OF MANOJ SAHNI R/O- NAGAR PANCHAYAT KURSELA, WARD NO. 5, P.S.- KURSELA, DISTT.- KATIHAR 4.
REKHA DEVI WIFE OF MANOJ SAHNI R/O- NAGAR PANCHAYAT KURSELA, WARD NO. 5, P.S.- KURSELA, DISTT.- KATIHAR 5.
SHANTI DEVI WIFE OF KAILU SAHNI R/O- NAGAR PANCHAYAT KURSELA, WARD NO. 5, P.S.- KURSELA, DISTT.- KATIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2024
1. Heard learned counsel for the petitioners and Mr. Rabindra Kumar learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioners no. 4 and 5 are women. It is further submitted that the informant alleges that the accused persons including the petitioners came
Patna High Court CR. MISC. No.50674 of 2024(2) dt.08-08-2024 2/3 variously armed and assaulted her along with her husband and mother-in-law causing injury on their head and took away Rs.45,000/-.
4. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that the FIR has been instituted against nine accused persons and the allegation of assault is general and omnibus in nature and even the injuries suffered by the injured are simple in nature, though one of the injuries of Lakhiya Devi is said to be grievous but then there is no specific allegation of assault against any of the accused persons. It is further submitted that the entire family members including the women have been implicated in the instant case.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where
Patna High Court CR. MISC. No.50674 of 2024(2) dt.08-08-2024 3/3 the case is pending/successor court in connection with Kursela P.S. Case No. 51 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T