Ram Lal Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7279 of 2017 Arising Out of PS.Case No. -112 Year- 2016 Thana -KALYANPUR District- SAMASTIPUR ======================================================

1. Ram Lal Sahni.

2. Samundri Devi @ Samudri Devi.

3. Ramesh Sahni.

4. Sapna Kumari @ Sapna Devi.

5. Soni Devi.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Sujit Kumar Singh, Advocate. For the Opposite Party : Smt. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Kalyanpur P.S. Case No. 112 of 2016 for the offences instituted under Sections 341, 323, 307, 379, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that the informant was married to Dinesh Sahni six years ago. After marriage, she was being harassed then she lodged Mahila P.S. Case No. 12/2016 against her husband and her in-laws. Thereafter, she used to live at her maternal house. In the meantime, after giving assurance not to torture her, she came to her matrimonial house but after two days

Patna High Court Cr.Misc. No.7279 of 2017 (2) dt.14-02-2017 2/3 the accused persons started pressurizing to withdraw the case and threatened to kill her. On 27.08.2016 at 4.00 P.M. when she came out from the house to flee away from her matrimonial house in the meantime, her laws started beating and also abused her and petitioner no. 5 snatched ear- ring from her neck and petitioner no. 2 took her mobile. Her father-in-law took out Rs. 20,000/- and her Dewar took bout gold chain. The villagers came there then her life could be saved.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The informant is the daughter-in-law of petitioner nos. 1 and 2. On the earlier occasion also she had instituted a case for the offence under Section 498(A) of the IPC. The nature of injury is simple. No offence under Section 307 IPC is made out. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Kalayanpur P.S. Case No. 112/2016 on furnishing bail bond of Rs. 10,000/-(Ten

Patna High Court Cr.Misc. No.7279 of 2017 (2) dt.14-02-2017 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T