Chandeshwar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64448 of 2019 Arising Out of PS. Case No.-301 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

CHANDESHWAR SAHANI S/O Ragho Sahani R/O Vill Lalbegiya, P.S.- Chiraiya Dist East Champaran 2.

Akash Kumar @ Ramjivan Kumar S/O Ragho Sahani R/O Vill Lalbegiya, P.S.- Chiraiya Dist East Champaran 3.

Deolal Sahani S/O Bhuneshwar Sahani R/O Vill Lalbegiya, P.S.- Chiraiya Dist East Champaran 4.

Naresh Pandit Ram Exbal Pandit R/O Vill Lalbegiya, P.S.- Chiraiya Dist East Champaran 5.

Dinesh Sahani S/O Late Ram Chandra Sahani R/O Vill Lalbegiya, P.S.- Chiraiya Dist East Champaran 6.

Lalu Sahani S/O Late Ram Chandra Sahani R/O Vill Lalbegiya, P.S.- Chiraiya Dist East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Chiraiya P.S. Case No.301 of 2019 registered under Sections 341, 323, 324, 307, 379, 354, 504 and 506/34 of the Indian Penal Code.

The accusation is that Amit Pandit, Chandeshwar Sahani (petitioner no.1) and Surendra Pandit tried to outrage the

Patna High Court CR. MISC. No.64448 of 2019(2) dt.04-11-2019 2/3 modesty of the informant, while she had gone along with her mother-in-law Nagiya Devi to attend the call of nature. When the mother-in-law of the informant raised alarm, Surendra Pandit snatched her gold chain. The informant, anyhow, rushed to her house and narrated about the incident to her husband. Thereafter, all the F.I.R. named accused including the petitioner nos.2 to 6 started to cause assault with the family members of the informant. At that time, Ragho Sahani and Akash Kumar (petitioner no.2) caused injury through farsa and iron rod at Vikash Sahani, the husband of the informant, and Pathlu Sahani caused injury thorugh Daab at the head of the mother-in-law of the informant.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that no specific overt act is attributed to the petitioner no.1 and the petitioner nos.3 to 6, while there is specific allegation against the petitioner no.2 that he and Ragho Sahani caused injury at the head of Vikash Sahani, the husband of the informant, but the injury of the husband of the informant is simple in nature. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their

Patna High Court CR. MISC. No.64448 of 2019(2) dt.04-11-2019 3/3 arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sikrahna at Dhaka, East Champaran, in connection with Chiraiya P.S. Case No.301 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T