Pintu Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34731 of 2016 Arising Out of PS.Case No. -99 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Pintu Sahni, Son of Late Shambhu Sahni
2. Sanjay Sahni, Son of Shiv Mangal Sahni
3. Naresh Sahni, Son of Shiv Mangal Sahni All resident of Nariyar Nawada, P.S.-Motipur, District - Muzaffarpur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Syed Firoz Raza, Advocate.
For the Opposite Party : Ms. Indu Bala Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-10-2016 Heard both sides.
The petitioners apprehend their arrest in Motipur P.S. Case No. 99 of 2016 registered for the offences punishable under Section 376, 511 and some other Sections of the Indian Penal Code.
The victim alleged that while she had gone to attend the call of nature Pintu Sahni and Sanjay Sahni petitioner no. 1 and 2 respectively put her down on the ground in order to outrage her modesty. When the victim raised alarm Mamta Kumari her sisterin-law came but Pintu Sahni stabbed in her chick. Learned counsel for the petitioners submits that petitioner no. 3 Naresh Sahni is not named in the FIR. There is no specific allegation against petitioner no. 3. The victim has
Patna High Court Cr.Misc. No.34731 of 2016 (4) dt.27-10-2016 2/3 encroached the land of petitioner no. 1 and 2 and that is why they have falsely been implicated in the case. Co-accused Sadai Sahni has already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 31451 of 2016.
It appears that the victim has made very specific allegation that Pintu Sahni and Sanjay Sahni petitioner no. 1 and 2 caught her and put her down on the ground in order to outrage her modesty while she had gone to attend call of nature. No documentary proof is brought on record to show that the petitioners have got any enmity with the victim. Considering the nature of allegation made against the petitioners 1 and 2 Pintu Sahni and Sanjay Sahni, I am not inclined to enlarge them on anticipatory bail. Accordingly, the same is rejected.
So far as the case of petitioner no. 3 Naresh Sahni is concerned, he is not named in the FIR. Name of petitioner no. 3 figured during the course of investigation but the victim herself did not make any sorts of allegation against petitioner no. 3 Naresh Sahni. Considering the facts aforesaid, petitioner no. 3 Naresh Sahni, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be
Patna High Court Cr.Misc. No.34731 of 2016 (4) dt.27-10-2016 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Motipur P.S. Case No. 99 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J.) KKSINHA/- U T