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Patna High CourtCR. MISC./14601/2015disposed

Ranjeet Sah And ORS. v. The State Of Bihar

2015-07-02Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14601 of 2015 Arising Out of PS.Case No. -12 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Ranjeet Sah . son of Late Dhanik Lal Sah

2. Chandra Sekhar Sah@ Chandra Shekhar kumar

3. Bindeshwari Badhai@Bindeshwari Badhari Son of Late Jamun Badhai

4. Bablu Badhai Son of Bindeshwari Badhai

5. Chandeshwari Sah Son of Late Kishun Sah All are residents of Village Tariyama, Police Station- Bakhtiyarpur District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. M.K. Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 It is stated by the learned counsel for the petitioners that petitioner no.1 (Ranjeet Sah) has been arrested during the pendency of this application. Lear med counsel for the petitioners seeks permission to withdraw the application on behalf of petitioner no.1.

Application filed on behalf of petitioner no.1 stands dismissed as withdrawn.

Heard learned counsel for petitioner nos. 2 to 5 and learned A.P.P. for the State.

Petitioner nos. 2 to 5 are apprehending their arrest in connection with Bakhtiyarpur P.S.Case No. 12/2015 instituted

Patna High Court Cr.Misc. No.14601 of 2015 (3) dt.02-07-2015 2/3 under Sections 147,148, 149, 452, 376 an 511 of the Indian Penal Code and Section 3(i)(x)(iii)(xv)/ 3(2)(v) of SC/ST (P.O.A)Act. The prosecution story, in brief, is that the petitioners entered in the house of the informant and it is further alleged that petitioner nos. 5 and 1 brought his wife out of the house and thereafter tried to ravish her and thrashed her on the floor. On alarm the neighbours gathered for help and saved her. It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case at the instance of Hari Prasad Badhai, who is on litigating term with these petitioners, which is evident from Annexure 2 to the present application.. It has further been submitted that brother of petitioner nos. 1 and 2 has filed Complaint Case No. 1602 C/2014, dated 16.10.2014 against the said Hari Prasad Badhai. On behalf of the State it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Bakhtiyarpur P.S.Case No.

Patna High Court Cr.Misc. No.14601 of 2015 (3) dt.02-07-2015 3/3 12 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Sudhir Singh, J) singh/- U T