Kishundeo Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74446 of 2018 Arising Out of PS. Case No.-156 Year-2018 Thana- MADHUBAN District- East Champaran ======================================================

1. Kishundeo Sahani, Son of Joghi Sahani

2. Sheokali Devi, Wife of Kishundeo Sahani

3. Guddu Kumar, Son of Jai Kuwar Sahani

4. Kunti Devi wife of Jai Kuwar Sahani, All Residents of VillageKothiya, P.S. Madhuban, Distt.-East Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-12-2018 Heard both sides.

Petitioners apprehend their arrest in Madhuban P.S. Case No.156 of 2018, registered under Sections 307 and other sections of the Indian Penal Code.

The informant alleged that he lend money to Jai Kuwar Sahni for marriage of his daughter but Jai Kuwar Sahni was not returning the loan amount on one pretext or the other. When the informant went to demand his dues, Jai Kuwar Sahni is alleged to have assaulted the informant Pappu Kumar with sharp edged weapon on his head. Kishundeo Sahani, petitioner no.1 is said to have assaulted the father of the informant with lathi on his hand. Munna Kumar Sahani, Guddu Kumar and Kunti Devi are also alleged to have assaulted the informant and others.

Patna High Court Cr.Misc. No.74446 of 2018(2) dt.19-12-2018 2/2 Learned counsel for the petitioners that Jai Kuwar Sahani and Munna Kumar Sahani are alleged to have assaulted the informant and others with sharp edged weapons. Kishundeo Sahani is alleged to have assaulted the father of the informant on his hand but no injury on the hand of Harendra Sahani is found. There is general and omnibus allegation of assault against Guddu Kumar, Kunti Devi and Sheokali Devi.

Having considered the facts that there is general and omnibus allegation of assault against Sheokali Devi, Guddu Kumar and Kunti Devi and no injury was found on the hand of the father of the informant, let 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 this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 4th Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Madhuban P.S. Case No.156 of 2018, subject to the conditions laid down under Section 438(2) Cr. P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T