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Patna High CourtCR. MISC./69525/2018dismissed

Dinesh Sahani And ORS v. The State Of Bihar

2019-01-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69525 of 2018 Arising Out of PS. Case No.-351 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ======================================================

1. Dinesh Sahani and Ors Son of Gulichand Sahani,

2. Rakesh Sahani, Son of Gulichand Sahani,

3. Ganesh Sahani, Son of Gulichand Sahani, All resident of Village- Fulwari Fatehpur, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyavrat Verma For the Opposite Party/s :

Mr.Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kanti P.S. Case N0. 351 of 2018, disclosing offences under Sections 341,323,354,366A,504 read with Section 34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is apparent contradiction in the allegation made in the First Information Report on the basis of written report of the informant and the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure which suggest that the prosecution is malicious. Be that as it may, considering the nature of the offence, in my view, a case for anticipatory bail is not made out.

Patna High Court Cr.Misc. No.69525 of 2018(3) dt.21-01-2019 2/2 This application is rejected.

However, the petitioners are directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court. arun/- (Chakradhari Sharan Singh, J) U