Chandeshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58829 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== 1.

Chandeshwar Sahni son of Late Khelawan Sahni village- Baligaon Mushari, Ps- Baligaon, Dist- Vaishali 2.

Nirmala Devi, wife of Chandeshwar Sahni village- Baligaon Mushari, PsBaligaon, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 504, 506, 307 and 302 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits that petitioners are person with clean antecedent and Petitioner No. 1 is aged about 70 years and Petitioner No. 2 is aged about 65 years and is wife of Petitioner No. 1. It is further submitted that informant alleges that on 17.01.2024 while his father was having meal when accused, Ganita Devi, came and started abusing, on protest, the petitioners along with other co-accused

Patna High Court CR. MISC. No.58829 of 2024(2) dt.09-08-2024 2/3 came and assaulted his father, further Vijay Sahni assaulted his father by an iron rod causing injury on head, thereafter, Petitioner No. 1 assaulted him by wooden stick causing injury on thumb of the left hand and on the right hand and when informant and his sister intervened, they were assaulted by Ganita Devi, Ranjan and Ravi Kumar.

4.

The learned counsel for the petitioner submits that from perusal of allegation as alleged in the FIR, it would manifest that the specific allegation of assaulting the deceased is on Vijay Sahni by an iron rod causing injury on his head. It is next submitted that petitioner No. 1 is father of Vijay Sahni and he is alleged to have assaulted the deceased by wooden stick causing injury on his hand, as detailed in the FIR, which is nonvital part of the body. It is next submitted that though there is allegation of assault but then the entire family members have been implicated. It is next submitted that even presuming what has been alleged is true without admitting with respect to Petitioner No. 1, then he assaulted on non-vital part of the body. It is further submitted that petitioners will not abscond rather will cooperate in the investigation.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Patna High Court CR. MISC. No.58829 of 2024(2) dt.09-08-2024 3/3 6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Baligaon P.S. Case No. 07 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T