Laxmi Sahni @ Nanahki Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57451 of 2021 Arising Out of PS. Case No.-19 Year-2020 Thana- BRAHMPURA District- Muzaffarpur ====================================================== 1.
Laxmi Sahni @ Nanahki Sahni S/O Late Laloo Sahni R/O MohallaPawariya Tola, Sangam Chouk, P.S-Brahmpura, District-Muzaffarpur. 2.
Chameli Devi W/O Laxmi Sahni @ Nanahki Sahani R/O Mohalla-Pawariya Tola, Sangam Chouk, P.S-Brahmpura, District-Muzaffarpur. 3.
Rajesh Kumar @ Rajesh Sahni S/O Lamni Sahani @ Nanahki Sahni R/O Mohalla-Pawariya Tola, Sangam Chouk, P.S-Brahmpura, DistrictMuzaffarpur. 4.
Rakesh Kumar @ Rakesh Sahani S/O Lamni Sahani @ Nanahki Sahni R/O Mohalla-Pawariya Tola, Sangam Chouk, P.S-Brahmpura, DistrictMuzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan For the Opposite Party/s :
Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Brahmpura P.S. Case No.19 of 2020, registered for the offences punishable under Sections 325, 341, 452, 379, 354, 376/511 of the Indian Penal Code.
The petitioners are said to have entered into the house of the complainant and assaulted her. The petitioners also tried to outrage her modesty. When the husband and brother-in-law of the complainant came to save her, they were also assaulted by
Patna High Court CR. MISC. No.57451 of 2021(2) dt.11-07-2022 2/3 the petitioners. Petitioner No.2, Chameli Devi snatched a chain made of silver from the complainant.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. It is further submitted that there is case and counter case between the parties. The petitioner has filed a case against the informant on 04.10.2019 (Annexure-2). Thereafter the complainant filed complaint case against the petitioners on 15.10.2019 for the occurrence dated 02.10.2019 after delay of 13 days without giving any explanation. It is lastly submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application.
The learned APP for the State opposed the prayer for anticipatory bail of the petitioners.
Taking into consideration the fact that there is delay of 13 days in filing the complaint against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with
Patna High Court CR. MISC. No.57451 of 2021(2) dt.11-07-2022 3/3 Brahmpura P.S. Case No.19 of 2020, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J.) Sanjay/- U T