Ashok Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 66810 of 2018 Arising Out of PS. Case No.-203 Year-2018 Thana- SARAIYA District- Muzaffarpur ======================================================

1. Ashok Sahani, Son of Ram Chandra Sahani.

2. Akshya Kumar Sahani @ Akshya Sahani, Son of Manager Sahani.

3. Sunil Sahani, Son of Aami Sahani.

4. Jaga Sahani, Son of Ram Ekbal Sahani.

5. Rajan Sahani, Son of Prakash Sahani,

6. Birju Sahani, Son of Banarashi Sahani.

7. Pachu Sahani, Son of Banarashi Sahani.

8. Manoj Sahani, Son of Bishun Sahani, All (1) to (8) Residents of Village- Ramdauli, P.S.- Saraiya, District- Muzaffarpur (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tejendra Sinha For the Opposite Party/s :

Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners apprehend arrest in Saraiya Police Station Case No 203 of 2018 registered under Sections 147, 149, 323, 324, 325, 354, 447, 379, 504, 506 of Indian Penal Code. It is submitted by the learned counsel for the petitioners that the informant and accused persons are Gotiyas. The prosecution case is instituted with mala fide intention. He submits that the allegation regarding molestation is against co-

Patna High Court Cr.Misc. No.66810 of 2018(2) dt.14-12-2018 2/2 accused Krish Sahani, Mukesh Sahani and Mithilesh Sahani. Only, out of extraneous consideration, the entire family members have been picked in the prosecution case by the informant by falsely alleging that when the informant objected to the molestation done by the said three persons, the petitioners had misbehaved with them and used abusive language and threatened to kill them.

Considering the aforesaid submissions, prayer for anticipatory bail is allowed. In the event of their arrest or surrender before the Court below within four weeks from today, the petitioners above named shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I West, Muzaffarpur in Saraiya Police Station Case No 203 of 2018 dated 20.05.2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Madhuresh Prasad, J) M.E.H./- U T