Kundan Sahani vs The State Of Bihar
2021 Latest Caselaw 2938 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.36633 of 2020
   Arising Out of PS. Case No.-15 Year-2019 Thana- ANGARGHAT District- Samastipur
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Kundan Sahani (Male), aged about 21 years, S/o Kusheshwar Sahani Resident of Chaita Sagma, P.S.- Angarghat, District- Samatipur

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s    :       Mr. Mirityunjay Kumar, Advocate
For the State           :       Mr. Akbar Ali, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Mirityunjay Kumar, learned counsel for

the petitioner and Mr. Akbar Ali, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Angarghat PS Case No. 15 of 2019 dated 25.02.2019, instituted

under Sections 147/149/341/323/307/354/379/506/504 of the

Indian Penal Code

4. The allegation against the petitioner and his other

family members is that they assaulted the informant and her

husband.

5. Learned counsel for the petitioner submitted that the

husband of the informant is the own brother of the father of the Patna High Court CR. MISC. No.36633 of 2020 dt.01-07-2021

petitioner and there is land dispute but later on the parties have

compromised. It was submitted that from the side of the

petitioner a complaint case was filed but that has also been

compromised. Learned counsel submitted that the petitioner has

no criminal antecedent.

6. Learned APP submitted that the petitioner being the

nephew of the husband of the informant had assaulted her and

his uncle.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned Additional Chief Judicial Magistrate-2nd,

Dalsingsarai, Samastipur in Angarghat PS Case No. 15 of 2019,

subject to the conditions laid down in Section 438(2) of the

Code of Criminal Procedure, 1973 and further (i) that one of the

bailors shall be a close relative of the petitioner, (ii) that the

petitioner and the bailors shall execute bond and give

undertaking with regard to good behaviour of the petitioner, and

(iii) that the petitioner shall cooperate with the Court and the Patna High Court CR. MISC. No.36633 of 2020 dt.01-07-2021

police/prosecution. Any violation of the terms and conditions of

the bonds or the undertaking or non-cooperation shall lead to

cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

9. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T