Patna High CourtCR. MISC./2147/2015bail granted

Jiyalal Sahni And ORS v. The State Of Bihar

2015-01-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.2147 of 2015 (2) dt.19-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2147 of 2015 Arising Out of PS.Case No. -236 Year- 2014 Thana -MANIYARI District- MUZAFFARPUR ======================================================

1. Jiyalal Sahni Son of Late Mahindar Sahni

2. Maharaj Sahni Son of Late Mahindar Sahni

3. Sunita Devi Wife of Jiyalal Sahni

4. Reena Devi Wife of Maharaj Sahni.

All are Resident of village - Mahanth Maniyari, Police station - Maniyari, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mazharul Hassan For the Opposite Party/s : Mr. Sanjay Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Maniyari P.S. Case No. 236 of 2014 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.

The accusation against the petitioners is that they assaulted the informant's daughter in law as a result thereof, her six months' pregnancy was terminated.

The contention on behalf of the petitioners is that there was case and counter case between the parties and no

Patna High Court Cr.Misc. No.2147 of 2015 (2) dt.19-01-2015 specific overt-act has been attributed against any petitioners and moreover, the case has already been compromised between the parties.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released 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 the Sub Divisional Judicial Magistrate, West, Muzaffarpur in Maniyari P.S. Case No. 236 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T