Mosmat Makhiya Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43868 of 2015 Arising Out of PS.Case No. -450 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Mosmat Makhiya Devi Wife of Late Satyanarayan Sahni,

2. Indal Sahani, Son of Late Satyanarayan Sahni,

3. Upendra Sahani, Son of Late Satyanarayan Sahni,

4. Santosh Kumar Son of Late Vijay Sahni,

5. Naresh Sahani, Son of Nabab Sahni, All are resident of village - Vijay Chhapra, P.S. - Ahiyapur, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Bela Singh For the Opposite Party/s : Mr. Ajay Kumar 2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-12-2015 Heard both sides.

The petitioners apprehend their arrest in a case under Section 364, 365, 307, 379 and other sections of the Indian Penal Code.

The informant alleged that the accused persons armed with different weapons came to the house of informant on 26.05.2015, assaulted the informant and others and looted away different articles. They also kidnapped his grand son. The learned counsel for the petitioners submits that marriage of Amod Kumar was settled with nephew of Indal Sahni, petitioner No.2, but Amod Kumar was forcibly married with daughter of Ram Babu Sahni that is why complaint case No. 1317 of 2015 was filed by Shail Devi, sister-in-law of Indal Sahni on

Patna High Court Cr.Misc. No.43868 of 2015 (3) dt.09-12-2015 2/2 27.05.2015. Thereafter the informant filed this case making false and frivolous allegations. Nobody was injured. The grand son of the informant voluntarily came to his house and he was not at all kidnapped. The informant has compromised the case. The learned Additional Public Prosecutor, however, opposed the prayer for anticipatory bail.

Considering the fact that the dispute arose due to settlement of marriage and it has come that informant forcibly married his daughter with Amod Kumar whereas the marriage of Amod Kumar was settled with the nephew of Indal Sahni and daughter of Shail Devi, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in Ahiyapur P.S. Case No. 450 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T