Bhupan Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54348 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -KHANPUR District- SAMASTIPUR ======================================================

1. Bhupan Sahni Son of Late Batuhu Sahni

2. Amila Devi Wife of Kapo Sahni Both are residents of Village : Haripur Ghat, P.S.: - Khanpur, District : - Samastipur. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Khanpur P.S. Case No. 151 of 2015 for the offences instituted under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code.

The allegation against the petitioners is of making assault upon the informant by means of lathi and iron rod on the instigation of co-accused Munshi Sahni with an intention to kill him, causing head injury and when the son and daughter of the informant came for rescue, they were also assaulted by the accused persons and the petitioner no.2 took away golden chain from the daughter of the informant and the petitioner no.1 took

Patna High Court Cr.Misc. No.54348 of 2016 (2) dt.21-12-2016 2/2 away Rs. 2000/- from the pocket of the informant. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner no.2 is a lady. There is a property dispute between the parties. A Title Suit is also pending in the Court below.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Khanpur P.S. Case No. 151 of 2015 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T