Amar Nath Sahni @ Amarnath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16243 of 2019 Arising Out of PS. Case No.-119 Year-2018 Thana- MUSRIGHRARI District- Samastipur ====================================================== 1.

Amar Nath Sahni @ Amarnath, Son of Kirani Sahni 2.

Rukmani Devi @ Rukmini Devi, Wife of Kirani Sahani 3.

Pandav Sahni @ Pandal Sahni @ Pandav Kumar, Son of Kirani Sahni 4.

Nibha Kumari, D/o-Kirani Sahni All are residents of Gohda Rupauli, P.S. Musrigharari District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Puspanjali Sharma, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-03-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Musrigharari P.S. Case No.119 of 2018, registered for the offence punishable under Sections 307, 323, 341, 354, 427 and 504 of the Indian Penal Code. In the FIR, the specific allegation of assault by Iron rod has been attributed against petitioner no.1, namely, Amar Nath Sahni @ Amar Nath.

Looking to the facts of the case, this Court is not inclined to grant bail to petitioner no.1.

Patna High Court CR. MISC. No.16243 of 2019(2) dt.25-03-2019 2/3 Accordingly, the prayer for bail of petitioner no.1 is rejected. However, if the petitioner no. 1 surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order on the same day, if the law permits, without being influenced by the order of this Court.

In the FIR, there is general and omnibus allegation made against the petitioner nos. 2, 3 and 4 and there is no specific role has been attributed against them . Considering the aforesaid fact, let the petitioner nos.2, 3 and 4, above-named, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Mushrigharari P.S. Case No.119 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner nos. 2, 3 and 4 for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive

Patna High Court CR. MISC. No.16243 of 2019(2) dt.25-03-2019 3/3 dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan/- U T