Indal Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77155 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== 1.

Indal Sahni, S/o Late Ram Chandra Sahni, 2.

Ranjeet Sahni S/o Late Ram Chandra Sahni, Both R/o Vill.- Mirjapur, P.S.- Kalyanpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lovekush Kumar, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kalyanpur P.S. Case no. 32 of 2018, registered under Sections 147, 323/34, 354B, 379, 435 and 436 of the Indian Penal Code.

The accusation is that on 01.01.2018 at about 8.30 P.M. petitioner entered in the house of complainant, in intoxicated condition, and committed rape. When complainant raised alarm then witnesses came there and petitioner was apprehended. Thereafter, at 9.30 P.M., Nathuni Sahni, Gautam Sahni and Ranjeet Sahni came at the house of informant and tried to get free to the petitioner No.1 Indal Sahni. On protest,

Patna High Court CR. MISC. No.77155 of 2018(4) dt.22-05-2019 2/2 Ranjeet Sahni (Petitioner No.2) set her house at fire. Learned counsel for the petitioners submits that, while in complaint petition, complainant made allegation of committing rape by the petitioner, but in her restatement she has only stated that petitioner had caught hold her with bad intention. Moreover, complainant has filed compromise petition in the Court of S.D.J.M. Samastipur on 09.04.2018. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Samastipur in connection with Kalyanpur P.S. Case No. 32 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T