Harendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56678 of 2019 Arising Out of PS. Case No.-199 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== 1.

HARENDRA SAHNI Son of Late Bhag Narayan Sahni 2.

Sanjay Sahni Son of Haredra Sahni 3.

Phul Dev Sahni @ Phil Dev Sahni Son of Late Bhag Narayan Sahni 4.

Guddu Sahni Son of Phul Dev Sahni 5.

Bablu Sahni Son of Keshwar Sahni 6.

Thuklu Sahni @ Thukru Sahni Son of Late Nasib Sahni 7.

Ashok Sahni Son of Thuklu Sahni 8.

Saheb Sahni Son of Late Ramasish Sahni All are resident of Village-Laxmi Narayanpur (Bilanpur), Police StationLalganj in the district of Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-09-2019 Heard both sides.

The petitioners apprehend their arrest in Lalganj P.S. Case No.199 of 2019 registered under Sections 147, 148, 149, 307, 354, 323, 341, 379 of the Indian Penal Code and Section 27 of the Arms Act.

The informant filed complaint case on 20.11.2018 alleging therein that on 04.11.2018 at 9.00 in the night, all the petitioners having armed with different weapons entered into her house. The accused persons were in search of her husband.

Patna High Court CR. MISC. No.56678 of 2019(2) dt.12-09-2019 2/3 The accused persons assaulted the complainant and took away her ornaments.

The learned counsel for the petitioners submits that occurrence took place on 04.11.2018 but the complaint case was filed on 20.11.2018 and on the basis of such complaint petition, the present F.I.R. was lodged on 09.06.2019. The complainant alleged to have been assaulted by the petitioners but she did not get any injury. The complainant-informant alleged that she was treated by a private doctor but no injury report was attached with the complaint petition. It is submitted that on account of enmity, petitioners have been implicated in the case although, no occurrence as alleged by the informant has ever taken place. Taking into consideration the fact that the occurrence is said to have taken place on 04.11.2018 but even the complaint petition was filed on 20.11.

2018 and there is omnibus and general allegation of assault but no injury is attached with the complaint petition, 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.

Patna High Court CR. MISC. No.56678 of 2019(2) dt.12-09-2019 3/3 Magistrate-XIV, Vaishali at Hajipur in connection with Lalganj P.S. Case No.199 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