Hari Sahani @ Harishankar Chaudhari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31897 of 2018 In Criminal Appeal (SJ) No.834 of 2018 Arising Out of PS. Case No.-209 Year-2017 Thana- PIPRAKOTHI District- East Champaran ======================================================

1. Hari Sahani @ Harishankar Chaudhari, son of Late Kishun Sahani,

2. Rajesh Sahani @ Rajesh Chaudhari, son of Late Kishun Sahani,

3. Ramesh Sahani, son of Bira Sahani, All are resident of village-Bishunpur, P.S. Piprakothi, District-East Champaran.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Sri Zeyaul Hoda ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Piprakothi P.S. Case no. 209 of 2017, registered under Sections 341, 323, 307, 354, 504 and 506/34 of the Indian Penal Code and Section 12, 18 of the POCSO Act. The accusation is that on 14.10.2017, the daughter of the informant Rambha Devi was going to filed for supplying the meal to the informant then, in the way, petitioner No.1 Hari Sahani caught her and tried to pull inside the bamboo clamp in which her clothes was torn and she raised alarm, thereafter, informant and her husband rushed there then petitioner No.1 tried to flee away, but he was caught by her daughter. In the meantime, petitioner Nos. 2 and 3 reached there and Rajesh

Patna High Court Cr.Misc. No.31897 of 2018(3) dt.13-06-2018 2/2 Sahni (Petitioner No.2) caused injury through knife at the head of informant.

Learned counsel for the petitioners submits that petitioners and informant are co-villagers and dispute arose due to dispute of cutting of bamboo from bamboo clamp, but with ulterior motive informant lodged the present case with false allegation of attempt to outrage the modesty of her daughter by petitioner No.1 and causing injury by petitioner No.2 at the forehead of informant. The injury as found on the person of informant is simple in nature caused by hard and blunt substance.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-cum-Special Judge SC/ST Act, East Champaran, Motihari in connection with Piprakothi P.S. Case No. 209 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T