Prabhu Sahni And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37535 of 2018 Arising Out of PS.Case No. -56 Year- 2013 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Prabhu Sahni S/o Hridya Sahni
2. Prem Lal Sahni @ Prem Sahni S/o Hriday Sahni Both residents of Village - Kodarkatta, P.S. - Motipur, District - Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pradhan Murli Manohar Prasad, Adv. Mr. Raju Kumar For the Opposite Party/s : Mr. Satydev Prasad Singh Yadav (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in a case instituted for the offences under Sections 366A and 120 of the Indian Penal Code.
Allegation has been made that on the fateful date victim was interested to go to the house of her Mausi, on the basis of offer extended by niece of Dharmendra Sahni she was ready to go there, thereafter she refused to go there and then Dharmendra Sahni and other accused persons forcibly got her seated in the vehicle by putting something on her nose as a result of which she became unconscious and later on she was
Patna High Court Cr.Misc. No.37535 of 2018 (2) dt.06-07-2018 2 /3 found herself in the house of friend of Prabhu. Dharmendra Sahni took her to Durgapur and they remained there for four days, she started weeping then occupant of another room rebuked Dharmendra Sahni and later on they wanted to sale her to another person, then she fled away and returned to her native place.
Learned counsel for the petitioners submits that Dharmendra Sahni has been granted regular bail by court below. Further it is submitted that save and except she was forcefully taken into the vehicle by the Dharmendra Sahni and others, there is no other allegation against the petitioners. Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioners, namely, Prabhu Sahni and Prem Lal Sahni @ Prem Sahni, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, West Muzaffarpur in connection with Motipur P.S. Case No.56 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that if the petitioners will not co-operate during course of investigation and join for interrogation the police will
Patna High Court Cr.Misc. No.37535 of 2018 (2) dt.06-07-2018 3 /3 be at liberty to file an application for cancellation of bail. (Shivaji Pandey, J) Vinay/- U T