Umesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51201 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

UMESH SAHNI, aged about 47 years, Sex-Male, Son of Late Bikhan Sahni 2.

Radha Devi, aged about 30 years, Sex-Female, Wife of Ram Babu Sahni 3.

Heera Devi, aged about 25 years, Sex-Female, Wife of Pappu Sahni 4.

Tannu Kumari, aged about 20 years, Sex-Female 5.

Kajal Kumari, aged about 18 years, Sex-Female, Both daughters of Umesh Sahni All are resident of Village - Narayan Piper, P.S.- Khodawandpur (Chhaurahi O.P.), District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2019 Heard both sides.

The petitioners apprehend their arrest in Khodawandpur(Chhaurahi O.P.) P.S. Case No.72 of 2019 registered under Sections 147, 149, 323, 379, 427, 307 of the Indian Penal Code.

The informant, Heera Sahni, named the petitioners and alleged that while his son, Jitendra Kumar was sitting at the ice-cream parlour, the accused persons came. Umesh Sahni(petitioner No.1) started taking money from the box of the shop. When Jitendra Kumar objected, Pappu Sahni and Shivjee

Patna High Court CR. MISC. No.51201 of 2019(2) dt.17-08-2019 2/3 Sahni assaulted his son with iron rod and lathi. When the informant objected, Umesh Sahni, Rambabu Sahni and others assaulted him. Tannu Kumari, Kajal Kumari, Heera Devi and Radha Devi are alleged to have damaged the ice-cream parlour. The learned counsel for the petitioners submits that Radha Devi(petitioner No.2) lodged Khodawandpur(Chhaurahi O.P.) P.S. Case No.74 of 2019 and alleged that some quarrel took place between the children of two families and for that, Heera Sahni(the informant) of the present case and others assaulted her and Umesh Sahni. It is submitted that no specific allegation of assault is made against Umesh Sahni. Petitioner Nos.2 to 5 are ladies and save and except the allegation that she damaged the freeze, no allegation of assault is made against them.

Taking into consideration the facts aforesaid and the fact that some quarrel took place between two sides for which both the sides entered into scuffle with each other, 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

Patna High Court CR. MISC. No.51201 of 2019(2) dt.17-08-2019 3/3 the learned Addl. Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Khodawandpur(Chhaurahi O.P.) P.S. Case No.72 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T