Police Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11780 of 2019 Arising Out of PS. Case No.-227 Year-2017 Thana- LALGANJ District- Vaishali ====================================================== 1.

Police Sahni, son of Binod sahni Resident of Village - Basaha , Police Station- Lalganj Distt- Vaishali 2.

Bablu Sahni, son of Ranjeet Sahni Resident of Village - Basaha , Police Station- Lalganj Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 376, 511 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons in intoxicated condition enticed away the granddaughter of the informant and tried to outrage her modesty.

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

Patna High Court CR. MISC. No.11780 of 2019(2) dt.27-02-2019 2/2 petitioners. The petitioners have been made accused due to previous enmity. The case has been instituted due to mistake of fact. The allegation made in the F.I.R. is denied by the informant in a petition filed before the Court below. The said petition is Annexure-2/2 to the present application.

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

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge-cum- Special Judge, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 227 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T