Arjun Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46110 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -MORE District- DARBHANGA ====================================================== Arjun Sahni son of Bindeshwar Sahni @ Ramashish Sahni, resident of village- Balgama, P.S.- Piyar, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Alka Verma, Advocate : Mr. Vasudeo Ram, Advocate For the State : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with More P.S. Case No.05 of 2017 registered under Sections 341, 452, 354 and 354B of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the petitioner is closely related to the informant of the case and out of some confusion, the first information report was instituted. She submitted that subsequently the parties have amicably settled the dispute and a compromise petition was also filed before the court below which fact has also been noticed by the learned Session Judge in his order whereby the application for

Patna High Court Cr.Misc. No.46110 of 2017 (2) dt.06-10-2017 2/2 anticipatory bail has been rejected. She contended that even otherwise there would be no application of Section 354B of the Indian Penal Code as there is no allegation of use of any criminal force.

On the other hand, learned counsel for the State submitted that the offence alleged is not compoundable in nature and a serious allegation of outraging modesty of the informant has been made against the petitioner.

Considering the submissions made above, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with More P.S.Case No.05 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J) Md.S./- U T