Patna High CourtCR. MISC./47181/2017bail granted

Kamlesh Sahni v. The State Of Bihar

2017-10-17Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47181 of 2017 Arising Out of P.S.Case No.231 Year- 2017 Thana -BAHERA District- DARBHANGA ====================================================== Kamlesh Sahni Son of Ram Bilash Sahni, R/o Village- Benipur Dipa Tol, P.S.- Bahera, District- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party : Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-10-2017 Heard.

2. Petitioner apprehends arrest in connection with Bahera P.S.Case No.231 of 2017 registered for an offence under Sections 341, 447, 323, 324, 307 and 504/34 of the IPC.

3. It has been submitted that both parties are agnates and a land dispute was going on between them. It appears that on the date of occurrence both parties indulged in scuffle for which cases were registered against each other. The mother of the petitioner was brutally assaulted and she was admitted to Darbhanga Medical College Hospital where her fardbeyan was recorded. It further appears that a title suit was decided in favour of the petitioner and he was put in possession over the disputed land through the process of the Court. The injuries sustained by

Patna High Court Cr.Misc. No.47181 of 2017 (2) dt.17-10-2017 2/2 the informant were found simple in nature as submitted by the learned counsel for the petitioner. Besides that some of the coaccused persons have been granted anticipatory bail by one of the coordinate Bench of this Court vide Cr.Misc.No.42427 of 2017.

4. Considering the nature of allegation facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks from today on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, Benipur in connection with Bahera P.S.Case No.231 of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U T