Pankaj Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.356 of 2016 Arising Out of PS.Case No. -17 Year- 2015 Thana -KARJA District- MUZAFFARPUR ====================================================== Pankaj Sahani Son of Bigan Sahani R/o Village - Raksha (Dakshin Tola) P.S. - Karja District - Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Upendra Kumar Chaubey For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-05-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Karja P.S. Case No. 17 of 2015 for the offences registered under Sections Judicial Magistrate, 1st Class, Muzuffarpur of the Indian Penal Code.

Learned counsel for the petitioner submits that allegedly, he had indulged in indecent behaviour with the wife of Akhilesh Sahani which resulted into scuffle. It is further submitted that when the deceased came to interfere, he was pushed

by all the persons including the petitioner, as a result of which, he fell down and succumbed to injury. It is further submitted that post mortem report of the deceased does not indicate any injuries either external or internal. The viscera report of the said case has been sent for examination.

Learned counsel for the State submits that the entire occurrence took place on the day of Holi and on account of indecent behaviour with the wife of Akhilesh Sahani, a scuffle took place and in the said scuffle, the deceased, being an old man, fell down and succumbed to injury. Admittedly, the petitioner and the informant side are agnates. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial

Magistrate, 1st Class, Muzuffarpur in connection with Karja P.S. Case No. 17 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T