Mitaram Sahni And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9450 of 2016 Arising Out of PS.Case No. -91 Year- 2014 Thana -NANHPUR District- SITAMARHI ======================================================

1. Mitaram Sahni S/O Late Jiyalal Sahni

2. Rakesh Sahni @ Rakesh S/o Mitaram Sahni .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147, 148, 149, 341, 323, 324, 354, 504, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case is that co-accused Daulat Devi was disqualified to contest the post of Secretary of the of school committee at Raipur when the petitioners and their family members abused the informant and his wife. It is alleged that on the order of co-accused Daulat Devi the papers were snatched

Patna High Court Cr.Misc. No.9450 of 2016 (2) dt.01-03-2016 2/3 when petitioner no2. Rakesh Sahni fired but it did not cause injury to anyone, thereafter, he assaulted the informant with butt of country made pistol. The other accused persons also assaulted the informant when father, brother, sister and mother of the informant came to rescue; the accused persons also abused and assaulted them. It is further alleged that petitioner no.1 Mitaram Sahni abused mother of the informant and threaten to ravish and subsequently tore her blouse. It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of the fact that in 2012 the petitioners' side lodged a case against the informant's side and due to the dispute with regard to the election of the school commit the accusation has been levelled.

The injuries of the informant's side have been found to be simple in nature. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Nanpur P.S. Case No.91/2014, pending before the learned SDJM, Pupari at

Patna High Court Cr.Misc. No.9450 of 2016 (2) dt.01-03-2016 3/3 Sitamarhi.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T