Patna High CourtCR. MISC./26276/2017rejected

Bablu Sahni v. The State Of Bihar

2017-07-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26276 of 2017 Arising Out of PS.Case No. -261 Year- 2013 Thana -BAHERA District- DARBHANGA ====================================================== Bablu Sahni Son of Kusheshwar Sahni @ Mstar Sahni, Resident of VillageAntor, P.S.- Bahera, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Hriday Prasad, Advocate.

For the Opposite Party : Mr. Khurshid Anwar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2017 Heard both sides.

The petitioner apprehends his arrest in Bahera P.S. Case No. 261 of 2013 registered for the offences punishable under Sections 307, 302 and other Sections of the Indian Penal Code. The informant alleged that Tunnilal Sahni assaulted his daughter Indu Devi. When both sons of the informant got information about the assault went to the house of the accused persons to enquire about the reason of assault. It is alleged that all the accused persons having armed with different weapons came and assaulted the informant. Ganesh Sahni stabbed Gulab Sahni with dagger. When Murari Sahni, another son of the informant, went to save all the accused persons assaulted him. The accused persons are alleged have assaulted the informant and his son

Patna High Court Cr.Misc. No.26276 of 2017 (2) dt.13-07-2017 2/2 Murari Sahni.

Learned counsel for the petitioner submits that ofcourse the petitioner is named in the FIR but no specific allegation is made against the petitioner. Similarly situated co-accused Chhathiya Devi has already been granted anticipatory bail vide order dated 21.08.2015 passed in Cr. Misc. No.35672 of 2015 but it appears that the informant made allegation against all the persons that they having armed with different weapons came and assaulted the informant and his son Murari Sahni. Tunnilal Sahni and Ganesh Sahni are alleged to have stabbed Gulab Sahni, son of the informant, who died.

Considering the facts aforesaid and the facts that the case is of the year 2013 in which five persons have already been convicted after trial, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T