Ajit Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27062 of 2016 Arising Out of PS.Case No. -125 Year- 2014 Thana -SHIWAPATHI District- MUZAFFARPUR ====================================================== Ajit Sahani Son of Nagendra Sahani resident of Village- Ghosout Tola Jhajha, P.S. Siwaipatti, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Siwaipatti P.S. Case No. 125 of 2014 registered for offences under sections 323/341, 379, 307, 366, 504, 354(A)/120(B) of the Indian Penal Code.

An allegation has been made that the accused persons took away the husband of the Informant and made him intoxicated. Later on, all of them came and tried to ravage her modesty and also assaulted her. In the present case, the Informant has not lodged First Information Report but has filed a complaint case which was sent under Section 156(3) of the Cr.P.C. for registration of a criminal case. In course of investigation, it has come to light that the husband of the Informant is a cycle thief,

Patna High Court Cr.Misc. No.27062 of 2016 (2) dt.12-07-2016 was trying to take away the cycle, he was apprehended and he accepted his commission of theft. On the next day, Panchayati was organized. Before the Panchayati, he fled away from there and so much so that the Informant has lodged the present case with a bad motive.

Learned counsel for the petitioner has produced a photocopy of the Case Diary. From the Case Dairy, it appears that it has been found by the police that the husband of the Informant was involved in the commission of offence of taking away the cycle.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, Ajit Sahani, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SubJudge 9th, Muzaffarpur in connection with Siwaipatti P.S. Case No. 125 of 2014.

The photocopy of the Case Diary produced by the learned counsel for the petitioner is kept on record. (Shivaji Pandey, J) Rishi/- U T