Lalan Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7505 of 2019 Arising Out of PS. Case No.-418 Year-2018 Thana- MOTIPUR District- Muzaffarpur ======================================================

1. LALAN SAHNI S/o Jailal Sahni Resident of Mohammadpur Balmi, P.S.- Motipur, District-Muzaffarpur.

2. Dhanesar Sahni @ Dhanesh Sahni, s/o Jailal Sahni Resident of Mohammadpur Balmi, P.S.-Motipur, District-Muzaffarpur.

3. Dharmendra Sahni, s/o Jailal Sahni Resident of Mohammadpur Balmi, P.S.- Motipur, District-Muzaffarpur.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Rakesh For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-02-2019 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to make necessary correction in paragraph 1 of the application in view of an apparent typographical error.

This application for anticipatory bail arises out of Motipur P.S. Case No. 418 of 2018 for the offence under Sections 341, 354(B) 323, 504, 379 and 506/34 of the Indian Penal Code.

It has been argued that the injury has been found to be simple in nature.

Considering the submission that prior to lodging of the instant First Information Report, petitioner had lodged a

Patna High Court Cr.Misc. No.7505 of 2019(2) dt.08-02-2019 2/2 First Information Report, in which the informant's husband was summoned for investigation and a malicious prosecution cannot be ruled out, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur, in Motipur P.S. Case No. 418 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T