Patna High CourtCR. MISC./21199/2016disposed

Sona Sahani And ORS. v. The State Of Bihar

2016-06-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21199 of 2016 Arising Out of PS.Case No. -101 Year- 2010 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Sona Sahani S/o Shukul Sahani

2. Hulash Sahani S/o Shukul Sahani

3. Gonaur Sahani S/o Raja Sahani

4. Nanhak Sahani S/o Raja Sahani

5. Sanjay Sahani S/o Shankar Sahani All are R/o Bishanpur Basant Basaitha PS Saraiya, District Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner nos.4 and 5 and the State.

The petitioner nos. 4 and 5 are apprehending their arrest in a case instituted under Sections 376, 323, 504, 379 and 34 of the Indian Penal Code.

Allegation against the petitioner nos. 4 and 5 is that they accompanied with the main accused who committed rape upon the victim lady and they also took away household articles worth Rs.20,000/-.

It is submitted on behalf of the petitioner nos. 4 and 5 that they have got no criminal antecedent. The main allegation of commission of rape is alleged against one Ashok Sahani. As far as petitioner nos. 4 and 5 are concerned, there is no allegation of rape. They have falsely been implicated in the present case. On behalf of the State, it is submitted that petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.21199 of 2016 (3) dt.27-06-2016 2/2 above named petitioner nos. 4 and 5, in the event of their arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, West Muzaffarpur, in connection with Saraiya P.S. Case no. 101/2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T