Badri Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24226 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -SC/ST District- SHEOHAR ======================================================

1. Badri Sahni son of Anup Sahni

2. Dulari Devi wife of Badri Sahni

3. Ghurpan Sahni @ Ghupan Sahni son of Badri Sahni

4. Hari Kishore Sahni son of Badri Sahni.

5. Sunil Sahni son of Badri Sahni.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar, Adv. For the Opposite Party/s : Mr. Nand Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-05-2016 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 447, 323, 341, 354, 379, 504 and 506 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act. The prosecution case is that the informant was returning from her shop on 27.07.2016 at 6 PM when Ajay Sahni threw a piece of brick on her back and when the informant went to make complaint to the house of petitioners then she was assaulted and abused by calling caste name and assaulted her and when the husband and son of the informant came to rescue then they were also assaulted.

It is submitted by learned counsel for the petitioners that admittedly the occurrence took place at the house of the

Patna High Court Cr.Misc. No.24226 of 2016 (2) dt.31-05-2016 2/2 petitioners which cannot be treated to be place of public. At earlier point of time, petitioner no.1 Badri Sahni filed Piprahi P.S. Case No. 01 of 2016 against the brothers-in-law of the informant and thereafter the informant's side assaulted the petitioners' side leading to registration of Piprahi P.S. Case No. 18 of 2016. It is further submitted that no injury has been caused to anyone. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheohar in connection with Sheohar SC/ST P.S. Case No. 04 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T