Ramdeo Sahni @ Mohit Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37084 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -KEOTI District- DARBHANGA ====================================================== Ramdeo Sahni @ Mohit Sahni Son of Manohar Sahni resident of village - Andama, P.S. - Keoti, District - Darbhanga.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Md. Arif For the Informant : Mr. Girish Chandra Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Keoti Police Station Case No. 51 of 2016, disclosing offences under Sections 341, 323, 365, 367, 504 and 506/34 of the Indian Penal Code.

For an occurrence said to have taken place on 08.03.2016, complaint petition was filed by the informant on 23.04.2016, which is the basis for registration of the present F.I.R. It is submitted on behalf of the petitioner that prior to filing of complaint petition on 23.04.2016, the mother of the petitioner had lodged an F.I.R. with Mahila P.S. Case on 16.04.2016, in which, the father of the informant is an accused. It has been submitted that inordinate delay in lodging of the F.I.R.

Patna High Court Cr.Misc. No.37084 of 2016 (2) dt.19-09-2016 2/2 itself casts shadow of doubt on the case of the prosecution. He has also submitted that lodging of the First Information Report is in retaliation of an F.I.R., lodged by the mother of the petitioner. Considering the background, in which, the present F.I.R. has been lodged and nature of dispute between the parties, this application is allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.K. Rakesh, Judicial Magistrate, 1st Class, Darbhanga, in connection with Keoti Police Station Case No. 51 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Amit/- U T