Dilip Sahni And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.34587 of 2014 (2) dt.07-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34587 of 2014 Arising Out of PS.Case No. -135 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dilip Sahni

2. Raj Kumar Sahni

3. Sudisht Sahni All are S/o Mohan Sahni .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Complaint Case No. 135 of 2013 in which cognizance has been taken for the offences punishable under Sections 376/511 of the Indian Penal Code.

All the petitioners are full brothers and prior to filing of above stated Complaint Case No. 135 of 2013, one Jitendra Sahni, who happens to be full brother of the petitioners had filed complaint case bearing Complaint Case No. 1670 of 2012 against the husband of the complainant and two others. The submission on behalf of the petitioners is that the

Patna High Court Cr.Misc. No.34587 of 2014 (2) dt.07-04-2015 complainant has been set up by her husband and in retaliation to aforesaid Complaint Case No. 1670 of 2012 as well as other cases, the husband of the complainant got filed present complaint case against the petitioners. It is further contended by him that even if the contents of complaint petition are taken into consideration, then also, the story, as propounded by the complainant, is absurd and not believable.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Ashok Kumar-II, Judicial Magistrate, Sadar, Motihari in Complaint Case No. 135 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T