Raju Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34248 of 2018 Arising Out of PS.Case No. -269 Year- 2013 Thana -SUGAULI District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Raju Sahani,

2. Jiyalal Sahani,

3. Ramlal Sahani All S/o Kapildeo Sahani, All R/o Vill. Mushwa P.S. - Sugauli, Distt. East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 25-07-2018 The petitioners have renewed the prayer for anticipatory bail in a case registered for the offences punishable under Sections 147, 149, 323 and 316 of the Indian Penal Code.

It is alleged that in the background of dispute with regard to road, the petitioners and others assaulted the informant's brother's wife, as a result, her eight months pregnancy got terminated.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general and

Patna High Court Cr.Misc. No.34248 of 2018 (2) dt.25-07-2018 admittedly the occurrence took place in the background of bonafide dispute. The petitioners are agnates of the informant and the issue has been resolved between the parties. The petitioners earlier preferred Cr. Misc.

No. 25018 of 2015 with a prayer for anticipatory bail which was disposed of vide order dated 30.06.2015 with liberty to the petitioners to surrender within a period of six weeks and pray for regular bail.

This Court finds no new ground for revising the earlier order when the case was registered in 2013 and the earlier anticipatory bail application was disposed of vide order dated 30.06.2015.

Let the learned Court below consider the prayer for regular bail of the petitioners keeping in view the genesis of the occurrence and the fact that the informant has retraced from the initial version coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, if the petitioners surrender before the learned Court below within a period of six weeks in connection with Sugauli P.S. Case No. 269 of 2013 pending in the Court of learned Chief Judicial Magistrate, East Champaran at Motihari.

Patna High Court Cr.Misc. No.34248 of 2018 (2) dt.25-07-2018 Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T