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Patna High CourtCR. MISC./69236/2019bail granted

Wakil Sahni v. The State Of Bihar

2019-12-18Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69236 of 2019 Arising Out of PS. Case No.-290 Year-2018 Thana- BARGAINIA District- Sitamarhi ====================================================== 1.

WAKIL SAHNI Son of Lakhan Sahni Resident of Village - Panchtaki Yadu, Ward No.11, P.S.- Bairgania, Distt.- Sitamarhi. 2.

Vijay Sahni Son of Lakhan Sahni Resident of Village - Panchtaki Yadu, Ward No.11, P.S.- Bairgania, Distt.- Sitamarhi. 3.

Lakhan Sahni Son of Thaga Sahni Resident of Village - Panchtaki Yadu, Ward No.11, P.S.- Bairgania, Distt.- Sitamarhi. 4.

Sikandar Kumar @ Sikindra Kumar Son of Khaihru Sahni @ Khairu Sahni Resident of Village - Panchtaki Yadu, Ward No.11, P.S.- Bairgania, Distt.- Sitamarhi.

5.

Khaihru Sahni @ Khairu Sahni Son of Bigu Sahni Resident of Village - Panchtaki Yadu, Ward No.11, P.S.- Bairgania, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered under Sections 341, 323, 324, 354, 307, 504/34 of the Indian Penal Code.

Informant has alleged that while she was in her house alongwith her sister in law and brother in law, FIR named accused entered into house and started abusing them and asked them to vacate the house as same belong to them, however, on

Patna High Court CR. MISC. No.69236 of 2019(2) dt.18-12-2019 2/2 refusal at the instigation of Vijay Sahni, Sikandar Sahni assaulted the informant on his forehead with a Bamboo stick and further allegation against Khairu Sahni is of assaulting in the arm of informant's brother in law and abdomen of her sister in law. There is no any specific allegation of any overt act against remaining petitioners.

It has been submitted on behalf of petitioners that there is land dispute between both the parties and they are agnates and the nature of injury as disclosed are simple. Petitioners have no criminal antecedents.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Bairgania P.S. Case No. 290 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T