← Library
Patna High CourtCR. MISC./35977/2022bail granted

Arun Sahani @ Arun Kumar Sahani v. The State Of Bihar

2022-11-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35977 of 2022 Arising Out of PS. Case No.-132 Year-2018 Thana- AURAI District- Muzaffarpur ====================================================== 1.

ARUN SAHANI @ ARUN KUMAR SAHANI SON OF GAYANI SAHANI Residen of Village- Madhubani Besi, P.S.- Aurai, DistrictMuzaffarpur 2.

SARUN SAHANI @ SAGUN SAHANI SON OF GAYANI SAHANI Residen of Village- Madhubani Besi, P.S.- Aurai, District- Muzaffarpur 3.

KISHAN KUMAR SON OF GAYANI SAHANI Residen of VillageMadhubani Besi, P.S.- Aurai, District- Muzaffarpur 4.

GAYANI SAHANI SON OF LATE BUDHAN SAHANI Residen of VillageMadhubani Besi, P.S.- Aurai, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SIBO DEVI WIFE OF ASHOK SAHANI Resident of village Madhuban Besi, P.S.- Aurai District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Amrendra Kumar Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 504 of the Indian Penal Code and Section 8, 12 of the POCSO Act. As per F.I.R., these petitioners misbehaved with the daughter of the informant, while she was going for coaching class.

It is submitted on behalf of petitioners that due to land dispute between the informant and petitioners, this false and

Patna High Court CR. MISC. No.35977 of 2022(2) dt.07-11-2022 2/2 concocted case has been lodged. No such occurrence, as alleged in the F.I.R., took place. Police after investigation submitted final form. Petitioners no. 1, 2 & 3 are sons of petitioner no. 4 and all have got clean antecedent.

Learned counsel for the informant vehemently opposed the bail petition.

Considering the aforesaid facts and circumstances as well as nature of allegation and clean antecedent of petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. VI-cum-Special Judge, POCSO Act, Muzaffarpur in connection with Complaint Case No. 22 of 2021, arising out of Aurai P.S. Case No. 132 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T