Tufani Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4226 of 2018 Arising Out of PS.Case No. -447 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Tufani Sahani, son of late Jiut Sahani,
2. Deepak Kumar, son of Tufani Sahani,
3. Om Prakash Sahani @ Langar Sahani, son of Dasai Sahani, all resident of Village- Sonbarsa, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Harsidhi P.S. Case No.447 of 2015 instituted for the offence under Section(s) 147, 149, 323, 324, 448, 341, 307, 506 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, East Champaran at Motihari.
The informant has alleged in the written report that she was in love with her co-villager, Shyam Kumar Sahani, but her father wanted to fix her marriage to some another place. On her protest, she was beaten by her family members on account of which she left her house on 01.12.2015 and went to the house of Shyam Kumar Sahani. It is alleged that just after sometime her
Patna High Court Cr.Misc. No.4226 of 2018 (3) dt.27-02-2018 2/3 family members (petitioners) after forming unlawful assembly arrived at the house of Shyam Kumar Sahani and they caught her and the boy, Shyam Kumar Sahani, and dragged them to the door and they hanged both of them on a mango tree by tiding their legs with rope. Both of them were assaulted with lathi, danada and slaps. They were also telling that they will kill them and burn the dead bodies.
It is further alleged that on information to the police by the father of the boy, police arrived, but the accused persons dragged Devendra Sahani (father of the boy) from the police jeep and assaulted him with fists and slaps. Accused Santosh Sahani gave iron rod blow on the head of Devnedra Sahani with intention to kill causing bleeding injury on his head. Case diary has been received. Injury reports of all injured are available in the case diary, which show that all the injured have sustained injury during occurrence. In the written report, there is specific allegation against all the accused of assaulting the boy and girl by hanging them on a mango tree.
In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.
Prayer of the petitioners for grant of anticipatory
Patna High Court Cr.Misc. No.4226 of 2018 (3) dt.27-02-2018 3/3 bail is rejected.
Petitioners may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T