Jai Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5556 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jai Kumar Sahani, Son of Dukha Sahani, Resident of Village- Bahuari, P.S.- Lakhaura, District- East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar No.III For the Opposite Party/s : Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Muffasil (Lakhaura) P.S. Case No. 63 of 2016 for the offences instituted under Sections 341, 342, 323, 354, 376, 511, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that the brother of the petitioner attempted to commit rape upon the informant then she bitted his hand and raised alarm, then the nearby people came there. It is further alleged that the brother of the petitioner called the petitioner on phone then the petitioner and co-accused caught hold her and confined her at their residence, where in order to make compromise started assaulting which caused injury to her

Patna High Court Cr.Misc. No.5556 of 2017 (3) dt.07-03-2017 2/2 left leg beneath her leg.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. From perusal of the F.I.R. itself, it is evident that no allegation of molestation has been made against the petitioner. The main allegation is against co-accused Raktu Sahni. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Muffasil (Lakhaura) P.S. Case No. 63 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T