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Patna High CourtCR. MISC./24371/2016disposed

Parma Sahni @ Rameshwar Sahani @ Prabha Sahani And ORS v. The State Of Bihar

2016-05-31Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24371 of 2016 Arising Out of PS.Case No. -542 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Parma Sahni @ Rameshwar Sahani @ Prabha Sahani, son of late Inner Sahani

2. Chunchun Sahani @ Chunchun Kumar, son of Asesar Sahni

3. Vikash Sahani @ Vikash Kumar, son of Prabha Sahani

4. Jhola Devi, wife of Prabha Sahani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Nath Jha, Advocate For the Opposite Party/s : Mr. B.M.P. Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341, 323, 324, 307, 436, 379, 506/34 of the Indian Penal Code. Prosecution case is that the petitioner no.1 Prabha Sahni demanded extortion of Rs.1,50,000/- for which Majhauliya P.S. Case No.44/2015 was lodged. After released from the jail petitioner no.1 started threatening the informant to face dire consequences. On 18.12.2015, while the informant along with his family members was at his door, all the accused persons came and started abusing. On protest being made

Patna High Court Cr.Misc. No.24371 of 2016 (2) dt.31-05-2016 2/3 petitioner no.1 assaulted on the head of the wife of the informant by means of 'farsa' when Co-accused Chhotelal Sahani assaulted on her chest by knife. It is also alleged that petitioner no.1 set fire in the hut of the informant when informant's father rushed there co-accused Chhotelal assaulted on his neck him with rod. The accused persons also assaulted the mother and aunt of the informant. It is alleged against petitioner no.4, Jhola Devi, and co-accused Malti Devi that they have snatched gold chain from the mother of the informant. It is submitted by learned counsel for the petitioners that accusation is omnibus and general and the injury of the informant has been found simple in nature. Moreover, the informant has retracted from initial version and has filed a petition to that effect before the learned court below, the same has been brought on record as annexure-3 to the petition. The aforesaid facts may 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 Majhauliya P.S. Case No.542/2015, pending before the learned CJM, Bettiah, West champaran.

Patna High Court Cr.Misc. No.24371 of 2016 (2) dt.31-05-2016 3/3 With the above observation, this application is, accordingly, disposed off.

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