Saini Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81658 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

Saini Sahni, Son of Late Papat Sahni, Resident of Village- Bhatsimar Nijamat, Ward No. 4, P.S.- Rajnagar, Distt- Madhubani 2.

Pankaj Kumar @ Pankaj Kumar Sahani, Son of Saini Sahni, Resident of Village- Bhatsimar Nijamat, Ward No. 4, P.S.- Rajnagar, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-01-2024 Heard Mr. Ratanakar Jha, learned counsel appearing on behalf of the petitioners and the learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Rajnagar P.S. Case No. 75 of 2023 registered for the offences punishable under Sections 143, 341, 324, 307, 448, 379, 504, 506 of the Indian Penal Code.

3. Allegation against the petitioner no.1 is of snatching Rs.5000/- and against petitioner no.2 is of causing assault on the head of the informant by means of Dabia, due to which she sustained serious injuries.

4. It is submitted on behalf of the petitioners that the present case is nothing, but a counter blast to Rajnagar P.S. Case

Patna High Court CR. MISC. No.81658 of 2023(2) dt.10-01-2024 2/3 No. 74 of 2023, instituted by petitioner no.1 against the informant and her family members. He further submits that so far the injury sustained to the informant is concerned, the same has been found to be simple in nature, the copy of the injury report is marked as Annexure-P/2. He next submits that in fact there is a long standing dispute between the petitioners and the informant and her persons, resulting into cases against each other. Moreover, prior to this case, the informant's side also lodged two complaint cases against the petitioners. He next submitted that the petitioners undertake that they will fully cooperate in the investigation or in the proceedings of the Court and will not indulge in such type of crime in future.

5. On the other hand, learned APP for the State opposes the bail application and submits that specific allegation has been levelled against the petitioners.

6. Regard being had to the submissions made on behalf of the parties and considering the genesis of the occurrence, resulting into case and counter case, coupled with the simple nature of injuries, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of

Patna High Court CR. MISC. No.81658 of 2023(2) dt.10-01-2024 3/3 Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Madhubani in connection with Rajnagar P.S. Case No. 75 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioners.

(Harish Kumar, J) uday/- U T