Harendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72772 of 2022 Arising Out of PS. Case No.-348 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== 1.

HARENDRA SAH S/O MATHURA SAH Resident of Village- Sonbarsa, P.S.- Harsidhi, District- East Champaran.

2.

SUNRAWATI DEVI @ SUNARPATI DEVI W/O HARENDRA SAH Resident of Village- Sonbarsa, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP.

Mr. Prateek Tandon, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 447, 448, 307, 379, 504/34 of the Indian Penal Code. Allegedly, all the FIR named accused persons including the petitioners, in furtherance of common intention, have assaulted the informant and her son. Petitioner no.1 is said to have given Farsa blow on the head of the informant's son. Petitioner no.2 assaulted the informant by means of iron rod.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the

Patna High Court CR. MISC. No.72772 of 2022(2) dt.21-03-2023 2/2 petitioners is not specific rather general and omnibus in nature. It is further submitted that both the parties are next door neighbours and dispute is going on between them. There is case and counter case between the parties. This is a counter case of Harsidhi P.S. Case No. 353 of 2022 filed by petitioner Sunrawati Devi. Both the parties sustained grievous injuries. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, as both the parties sustained grievous injuries, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Harsidhi P.S. Case No. 348 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T