Dilip Sahani And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.25504 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25504 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -KALYANPUR District- SAMASTIPUR ======================================================

1. Dilip Sahani, Son of Lalo Sahani.

2. Lalo Sahani, Son of Late Janak Sahani.

3. Kuldeep Sahani Son of Lalo Sahani.

4. Mala Devi Wife of Kuldeep Sahani.

5. Jai Kishun Sahani Son of Ram Swaroop Sahani.

6. Bablu Sahani Son of Jai Kishun Sahani.

7. Dipo Devi Wife of Dilip Sahani. All Resident of Village- Akbarpur, P.S.- Kalyanpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Damodar Prasad Tiwary, Adv., For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kalyanpur Police Station Case No. 121 of 2016, disclosing offences under Sections 143, 342, 283, 333, 224, 225, 353, 427 and 504 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the A.S.I. namely Radhey Shyam Prasad came to the house of the petitioner, Dilip Sahni, on the alleged date of occurrence and by abusing filthy

Patna High Court Cr.Misc. No.25504 of 2017 (2) dt.07-07-2017 languages assaulted him and his family members and also try to outrage the modesty of female member of the petitioner. In this regard, the petitioners have also gave information about the occurrence to the higher official of the police, which is evident from annexure-3. Moreover, the petitioners filed criminal case against the Kalyanpur Police before the learned C.J.M., Samastipur vide C.R. No. 1552 of 2016. The petitioners themselves are the victim of police atrocities. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released 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 learned Chief Judicial Magistrate, Samastipur, in connection with Kalyanpur Police Station Case No. 121 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T