Ram Chandra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46413 of 2019 Arising Out of PS. Case No.-683 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

RAM CHANDRA SAHANI, aged about 40 years(male) Son of Satya Narayan Sahani 2.

Anita Devi, aged about 35 years(female) W/o Ram Chandra Sahani Both resident of Village- Chailahan Tal, Police Station- Banjaria, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-07-2019 Heard both sides.

The petitioners apprehend their arrest in Turkaulia (Banjariya) P.S. Case No.683 of 2018 registered under Sections 341, 323, 504, 307, 379 and 34 of the Indian Penal Code. The informant alleged that the petitioner and others came to his house and said that they will not give share in brick and house. Petitioner is alleged to have assaulted the informant with spade on his head. Paras Sahani also assaulted the informant with lathi. When his wife came, Anita Devi(petitioner No.2) assaulted her with leg and fists.

The learned counsel for the petitioners submits that prior to institution of the case, Anita Devi(petitioner No.2)

Patna High Court CR. MISC. No.46413 of 2019(2) dt.26-07-2019 2/2 lodged Turkaulia(Banjariya) P.S. Case No.659 of 2018 under Sections 354, 379 and other Sections of the Indian Penal Code against Ramashish Sahani and others. The informant is accused No.3 in the aforesaid case. The occurrence took place due to land dispute. The informant sustained simple injury on his head. Taking into consideration the facts that occurrence took place on account of land dispute and on account of assault made by the petitioner the informant sustained simple injury, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Turkaulia (Banjariya) P.S. Case No.683 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T