Surasati Devi @ Saraswati Devi And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9182 of 2015 Arising Out of PS.Case No. -1274 Year- 2012 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Surasati Devi @ Saraswati Devi W/o Dharmnath Sahni R/o Dumariya, P.S. - Mohhamadpur, District - Gopalganj.
2. Prabhu Sahani S/o Pafali Sahani R/o Vill. Dhekaha P.S. Keshriya, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Jotik Sahani S/o Late Sitaram Sahani R/o Vill. Dumaria P.S. - Mohhamadpur, District - Gopalganj.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Arun Kumar Singh 5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-11-2015 Heard both sides.
The petitioners apprehend their arrest in Complaint Case No. 1274/12, registered for the offences punishable under Section 363, 366 of the Indian Penal Code.
The complainant alleged that the petitioners along with Deepak Sahni and Prabhu Sahni came to his house and took his daughter-in-law with her children to Delhi on the pretext that her husband had called her, but daughter-in-law of the complainant is still traceless with her children. Sri Ajay Kumar Sharma, learned counsel for the
Patna High Court Cr.Misc. No.9182 of 2015 (4) dt.02-11-2015 2/3 petitioner submits that the daughter-in-law of the complainant was having love affairs with Deepak Sahni and she eloped with Deepak Sahni. The petitioners have falsely been implicated in this case. Petitioner no. 1 is the mother of Deepak Sahni. She did not ever go to Delhi and Prabhu Sahni is the distant relative of Deepak Sahni.
Having considered the facts that Sursati Devi is the mother of Deepak Sahni and she is also named in the complaint petition filed by the complainant after six months of the occurrence, the petitioner no. 1 Sursati Devi, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Gopalganj in connection with Complaint Case No. 1274/2012, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
So far as, the case of Prabhu Sahni petitioner no. 2 is concerned, he along with other accused persons took the daughter-in-law of the complainant with her children, who are
Patna High Court Cr.Misc. No.9182 of 2015 (4) dt.02-11-2015 3/3 still traceless, considering the facts, I am not inclined to enlarge the petitioner no. 2 Prabhu Sahni on anticipatory bail. Accordingly the same is rejected.
(Prabhat Kumar Jha, J.) Vinita/- U T