Sipahi Sahani @ Sipahi Sahni And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32814 of 2015 Arising Out of PS.Case No. -50 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sipahi Sahani @ Sipahi Sahni Son of late Shankar Sahani
2. Bhukhal Sahani Son of late Shankar Sahani.
3. Deepak Sahani Son of Sipahi Sahani@Sipahi Sahni All residents of village - Bairiya Dih, Police Staion- Harsidhi, District East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-08-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 447, 323, 324, 307, 504 and 379/34 of the Indian Penal Code.
It is alleged that Suraj Sahni (nonpetitioner) assaulted with Farsa on the head of the informant. The petitioners Deepak Sahni and Bhukhal Sahni also assaulted the informant with fist and slap when Subhashni Devi came to rescue then she was also assaulted and petitioner Deepak Sahni snatched gold chain worth Rs.25,000/- from the neck of
Patna High Court Cr.Misc. No.32814 of 2015 (02) dt.10-08-2015 2/2 Subhashni Devi.
It is submitted by learned counsel for the petitioners that injury report reflects only one incised wound and other injury is diffused, tender swelling, though, both the injuries have been found to be simple. The accusation of assault by Farsa is against co-accused Suraj Sahni and there is a counter version of the occurrence also.
A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 50 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T