Lal Babu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60450 of 2018 Arising Out of PS.Case No. -184 Year- 2018 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Lal Babu Sahni S/o Late Khudar Sahni @ Subdar Sahni, R/o Vill.- Gosai Chhapara, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Manoj Kumar For the Opposite Party : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 184 of 2018 registered for the offences punishable under Sections 376/511, 341, 323 of the Indian Penal Code.
The above stated Saraiya P.S. Case No. 184 of 2018 was registered on the basis of complaint petition which was filed after one month of the alleged occurrence.
No doubt, there is specific allegation against the petitioner that he made attempt to commit rape upon the informant and also assaulted her but submission on behalf of the petitioner is that petitioner happens to be cousin brother-in-law of the
Patna High Court Cr.Misc. No.60450 of 2018 (2) dt.06-10-2018 2/2 informant and much prior to institution of the present case, an altercation took place between the petitioner and informant on the point of partition and in that course, the informant sustained some minor injuries and taking advantage of the aforesaid incident, she lodged this false case against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st (West), Muzaffarpur in Saraiya P.S. Case No. 184 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) SHAHZAD/AbhijeetU T