Ram Shresth Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45665 of 2015 Arising Out of PS.Case No. -263 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Ram Shresth Sahani Son of Late Munshi Sahani

2. Babulal Sahani Son of Late Prabhu Sahani

3. Jailal Sahani Son of Late Gena Sahani

4. Riga Devi Wife of Rawan Sahani

5. Most. Tetari Devi Wife of Late Sita Ram Sahani

6. Rawan Sahani Son of Late Sita Ram Sahani All are resident of village - Manikpur, P.S. Meenapur, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Md . Ansural Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376,120B of the Indian Penal Code and 4 of The Protection of Children from Sexual Offences Act, 2012. The prosecution case is that the informant was sexually assaulted by one Awadhesh Sahani by taking the informant to different Metropolitan Cities like Delhi, Mumbai and other places when the informant got pregnant then

Patna High Court Cr.Misc. No.45665 of 2015 (2) dt.03-11-2015 2/2 Awadhesh Sahani refused to marry. It is alleged against these petitioners that they helped Awadhesh Sahani to marry some other girl and they took no effort to rehabilitate the informant. It is submitted by learned counsel for the petitioners that petitioner nos. 4 to 6 aunt, grand mother and uncle of Awadhesh Sahani whereas petitioner nos. 1 to 3 are the co-villagers. The thrust of accusation is against Awadhesh Sahani and in 164 Cr.P.C. statement the victim has not alleged anything against these petitioners.

Considering the thrust of accusation against Awadhesh Sahani, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Muzaffarpur in connection with Minapur P.S. Case No. 263 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T