Ram Bilash Sahni And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29559 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ======================================================
1. Ram Bilash Sahni Son of Late Banthu Sahni and
2. Namita Devi Wife of Ram Bilash Sahni Both Resident of village - Chakle Vaini, O.P. Vaini, P.S. Tajpur ( Vaini ), District - Samastipur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Dhirendra Kumar, Advocate For the State : Mr. Sri Anish Chandra, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 29-08-2016 Learned counsel for the petitioners is permitted to make necessary correction in paragraph no. 1 of this application in course of the day with respect to the sections under which the case concerned was instituted.
Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 341, 323, 354 and 379/34 of the Indian Penal Code.
It is contended on behalf of the petitioners that the complaint case which was later on sent to the police for investigation upon which the First Information Report was instituted, would reveal that the allegation is of petty nature. In
Patna High Court Cr.Misc. No.29559 of 2016 (2) dt.29-08-2016 fact, it was the petitioners' daughter whose modesty was tried to be outraged due to which the petitioner no. 1 came to the house of the complainant/informant and questioned as to why she could not apprehend the person who was trying to outrage the modesty of his daughter. It is further contended that there is delay of 12 days in filing of the complaint case and in fact, the daughter of the petitioners was the victim.
Having regard to the facts and circumstances of the case, let the abovenamed petitioners, namely, Ram Bilash Sahni and Namita Devi, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Tajpur(Vaini) Police Station Case No. 74/16 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. Ist, Samastipur subject to the conditions laid down under subsection (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) SC/- U T