Shambhu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21003 of 2019 Arising Out of PS. Case No.-220 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== 1.

SHAMBHU SAHANI Son of Late Raghunath Sahani Resident of VillageKajrahan, P.S.- Madhubn District- East Champaran 2.

Amindar Sahani Son of Late Raghunath Sahani Resident of Villagekajrahan P.S.- Madhuban District- East Champaran 3.

Hanslal Sahani Son of Late Raghunath Sahani Resident of VillageKajarahan , P.S.- Madhuban, District- East Champaran 4.

Lalu Sahani Son of Hanslal Sahani Resident of Village- Kajrahan, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Madhuban P.S. Case N0. 220 of 2018, disclosing offences under Sections 341,323,307,354B,379,504, 506/34 of the Indian Penal Code.

From the First Information Report, it appears that scuffle between two families had taken place over a dispute in respect of electricity connection from an electric pole. For the same occurrence, another First Information Report is said to have been lodged by the wife of petitioner No.2.

Patna High Court CR. MISC. No.21003 of 2019(2) dt.04-04-2019 2/2 It has been argued that allegation of outraging modesty is super addition. Learned counsel appearing on behalf of the petitioners has submitted that in the background of the genesis of the occurrence, leading to registration of the two FIRs, if any application for anticipatory bail is moved by persons accused in the counter case, the informant's side shall not oppose the prayer for anticipatory bail.

Considering the genesis of the occurrence, 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 ACJM-IV, Motihari, East Champaran in Madhuban P.S. Case No. 220 of 2018.

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, his their bonds shall be liable to be cancelled. arun/- (Chakradhari Sharan Singh, J) U