Ramnath Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30061 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ramnath Sahani.

2. Meghu Sahani.

Both are Sons of Singhasan Sahani, Resident of village - Raja Bhar, P.S. Manjhaulia, District - West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 24-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Majhaulia P.S. Case No.35 of 2016 registered under Sections 341, 323, 304, 307, 354, 379 and 504/34 of the Indian Penal Code. The allegation of the informant is that three months earlier, attempt was made to commit rape on her and on protest being made by her, she was assaulted regarding which she had lodged a case. The petitioners and two other co-accused asked her to withdraw that case and when she refused to withdraw the case, they gave threatening either to kill her or her son and set her house

Patna High Court Cr.Misc. No.30061 of 2016 (4) dt.24-08-2016 2/3 on fire. On 15.02.2016 in the night at about 08.00 P.M., all the accused came to her door and started to set her house on fire. On 'hulla' being raised by her, the petitioner no.2 Meghu Sahani ordered the petitioner no.1 Ramnath Sahani to kill her, then petitioner no.1 Ramnath Sahani, gave Dabia blow on her head with an intention to kill her, as a result whereof, her forehead was cut and she fell down. Thereafter, the co-accused Raju Sahani opened her cloths and the co-accused Singhashan Sahani bruttaly assaulted her and she became unconscious. At that time, all the four accused persons snatched her silver chain.

Learned counsel appearing on behalf of the petitioners submits that the petitioners and the informant are Pattidars and due to land dispute, the informant has lodged this false case. Moreover, it would appear from the impugned order, whereby the prayer of the petitioners for anticipatory bail has been rejected, that during investigation, the case under Sections 379 and 354 of the Indian Penal Code is found untrue by the police whereas only one injury over parietal region of the informant was found simple in nature caused by hard and blunt substance.

Patna High Court Cr.Misc. No.30061 of 2016 (4) dt.24-08-2016 3/3 enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Majhaulia P.S. Case No.35 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T