Bhola Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22482 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Bhola Sahni,

2. Sublal Sahni, Both Son of Bengai Sahni, Both Resident of VillageMadhopur, Police Station- Motipur, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mazharul Hassan, Advocate For the Opposite Party/s : Sri Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-05-2017 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in Motipur P.S. Case no. 32 of 2017 for the offences registered under Sections 341, 323, 504, 379 and 354/34 of the Indian Penal Code. It is alleged that when informant went to attend call of nature then petitioners asked her not to do so in their field, thereafter, they made attempt to commit rape upon her but failed on hearing noise of nearby persons. They ran away from the place after snatching her chain and ear-rings.

It has been contended on behalf of the petitioners that they have got no criminal antecedent. Petitioners have falsely been implicated in the present case due to previous land dispute.

Patna High Court Cr.Misc. No.22482 of 2017 (2) dt.31-05-2017 2/2 The FIR has been lodged after much delay and there is no explanation for such delay from the side of the prosecution. One of the co-accused, namely, Bengai Sahni has been enlarged on bail by the court below.

Considering the facts and circumstances of the present case, let petitioners, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate(West),Muzaffarpur, in Motipur P.S. Case no. 32 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (S. Kumar, J) sudip/- U T