Baleshwar Sahni And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33479 of 2014 Arising Out of PS.Case No. -24 Year- 2014 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================

1. Baleshwar Sahni, Son of Musafir Sahni

2. Nanhak Sahni, Son of Musafir Sahni

3. Musafir Sahni, Son of Late Sukhari Sahni

4. Dhano Devi, Wife of Baleshwar Sahni

5. Sunita Devi, Wife of Jaleshwar Sahni

6. Manti Devi, Wife of Nanhak Sahni

7. Soni Devi, Wife of Nageshwar Sahni

8. Pinki Devi, D/o Baleshwar Sahni. All are residents of village - Paura Madan Singh, P.S. - Sarai, District - Vaishali at Hajipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Singh, Advocate For the Opposite Party/s : Mr. Sunil Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 04-02-2015 Heard learned counsel for the petitioners and the State.

2. Petitioners are apprehending their arrest in connection with a case registered for the offences under Sections 364, 366, 367, 382, 120-B of the Penal Code. It is submitted on their behalf that daughter of petitioner no. 3 was kidnapped by the relatives of the prosecution party of the present case vide Sarai P.S. Case No. 167/13 lodged on 09.09.2013 prior to the present occurrence and in appreciation of such fact the claim of the petitioners for grant of bail in the event of arrest stands on a better footing.

Patna High Court Cr.Misc. No.33479 of 2014 (2) dt.04-02-2015 2/2

3. I regret not to accept the aforesaid submission in view of the statement of the daughter of the informant Kajal Devi (wife of Amarnath Sahni) recorded under Section 164 Cr.P.C. Accordingly, I direct petitioner nos. 4 to 8, the lady members of the family to surrender in the court below within a period of four weeks from the date of receipt/ production of a copy of this order in the Court below and thereafter be released on bail on furnishing bail bond of Rs. 5,000/-(Rs. Five Thousand Only) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Vaishali at Hajipur in connection with Sarai P.S. Case No.24/14, subject to the conditions laid down under Section 438(2) Cr.P.C.

4. So far petitioner nos. 1 to 3 are concerned, they should also surrender within the same time and apply for regular bail, which should be considered on merits in accordance with law taking into account the fact that First Information Report lodged by petitioner no. 3 is earlier in point of time.

5. This petition is, accordingly, disposed of. (V.N. Sinha, J) Rajesh/- U T