Awadh Kishore Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9589 of 2016 Arising Out of PS.Case No. -152 Year- 2014 Thana -SHIWAPATHI District- MUZAFFARPUR ====================================================== Awadh Kishore Sahni, S/o Hans Lal Sahni, Resident of Village - Ghosaut, P.S. - Siwaipatti, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 19-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Siwaipatti P.S. Case No.152 of 2014 registered under Sections 147, 148, 341, 323, 324, 379 and 504 of the Indian Penal Code. The allegation is that when the informant alongwith his son was going to make complaint to the Sarpanch regarding the activities of his three step brothers, in the way, six persons, named in the F.I.R., including the petitioner armed with various weapons came and surrounded the informant and his son and started to abuse. At that time, this petitioner gave a 'Farsa' blow at the informant but he saving himself fled away but the same hit at the

Patna High Court Cr.Misc. No.9589 of 2016 (3) dt.19-04-2016 2/3 forehead of the son of the informant. When the informant and his wife ran to save their son, all the accused persons assaulted them with fists and slaps. It is also alleged that the co-accused Chandra Kala Devi and Chandrika Devi snatched the silver Hansuli worth Rs.20,000/- from the neck of the wife of the informant. Learned counsel appearing on behalf of the petitioner submits that the petitioner and other F.I.R. named accused are agnates of the informant and due to family dispute, there was hot exchange of words in between them and the informant in which the family members of the informant and the petitioner sustained injuries. Regarding the said occurrence, Siwaipatti Patti P.S. Case No.

153 of 2014 was also instituted on the basis of the written report of the co-accused Chandrika Devi, the wife of the petitioner, against the informant and others. Further submission is that, in fact, no injury was sustained at the forehead by the son of the informant, as alleged in the F.I.R., while it is alleged in the F.I.R. that the petitioner gave 'Farsa' blow at the forehead of the son of the informant.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand)

Patna High Court Cr.Misc. No.9589 of 2016 (3) dt.19-04-2016 3/3 with two sureties of the like amount each to the satisfaction of Sri Jawed Alam, Judicial Magistrate, First Class, Muzaffarpur, in connection with Siwaipatti P.S. Case No.152 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T