Ram Swarath Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17650 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -MAHILA P.S. District- MUZAFFARPUR ======================================================
1. Ram Swarath Sahni, S/o Kanhu Sahni
2. Suresh Sahni
3. Naresh Sahni
4. Awadhesh Sahni @ Awadhesh Kumar, petitioners 2 to 4 are sons of Ram Swarath Sahni null
5. Surgi Devi, Wife of Ram Swarath Sahni
6. Chande Sahni, Son of late Moti Sahni
7. Urmila Devi, W/o Moti Sahni, all residents of Village- Munni Baigani, P.S. Piar, District- Muzaffarpur .... Petitioners
Versus
1. The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Pawan Kumar Singh, Adv. For the Opposite Party : Mr. Tarkeshwar Nath Thakur, APP 144 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2017 Heard the learned counsel for the petitioners and the State.
This is a petition for grant of anticipatory bail for offence under Sections 147, 149, 323, 354, 354B, 498A, 120B, 504, 379 and 509 of the Indian Penal Code. The petitioners were members of Panchayat, which had assembled for settlement of dispute between the husband and wife. During Panchayati, allegation is that the petitioners and others attempted to outrage the modesty of the informant-wife and committed assault and theft.
Submission of the petitioners is that co-accused, Ram Tas Devi @ Ram Yas Devi, has already been allowed anticipatory bail by a coordinate Bench of this
Patna High Court Cr.Misc. No.17650 of 2017 (2) dt.26-04-2017 2/2 Court in Cr. Misc. No. 53306 of 2016 and the entire allegation is false and frivolous as the informant was not ready to accept the amicable proposal.
Considering the aforesaid fact, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Mahila P.S. Case No. 98 of 2016 (Tr. No. 824 of 2017) to the satisfaction of the Additional Chief Judicial Magistrate, Muzaffarpur, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.
(Birendra Kumar, J) SA/- U √ T √