Pramodani Devi @ Prabodhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2174 of 2020 Arising Out of PS. Case No.-288 Year-2018 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

PRAMODANI DEVI @ PRABODHIYA DEVI W/o Pramod Sahni Resident of Village - Singhachauri, P.S.- Nanpur, Distt.- Sitamarhi. 2.

Rakesh Sahni Son of Pramod Sahni Resident of Village - Singhachauri, P.S.- Nanpur, Distt.- Sitamarhi.

3.

Arvind Sahni Son of Pramod Sahni Resident of Village - Singhachauri, P.S.- Nanpur, Distt.- Sitamarhi.

4.

Bibha Kumari D/o Pramod Sahni Resident of Village - Singhachauri, P.S.- Nanpur, Distt.- Sitamarhi.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in this case are seeking anticipatory bail in connection with Nanpur P.S. Case No. 288 of 2018 registered for the offences punishable under Sections 341, 323, 324, 379, 385, 448, 504, 506/34, 354 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are the family members of co-accused Pramod Sahni against whom there is allegation of demand of rangdari and abuse made to the informant. It is further submitted that no injury has been caused to the informant on his vital part of the

Patna High Court CR. MISC. No.2174 of 2020(2) dt.16-01-2020 2/3 body and only being the family members of co-accused Pramod Sahni the petitioners have bene made accused on flimsy allegations.

Learned APP for the State has opposed the prayer of anticipatory bail.

Considering the facts and circumstances of the case wherein learned counsel for the petitioner has submitted that the thrust of allegations are against co-accused Pramod Sahni but all these petitioners have been made accused on flimsy allegations only because they happen to be the family members of said Pramod Sahni and further that although the allegations against co-accused Arvind Sahni is that of giving injury by knife but case has not been registered under Section 307 IPC and no vital part of the body has been injured and further that said Pramod Sahni is not before this Court, in the nature of submissions, the petitioners being family members of Pramod Sahni and there being no specific allegations as also that the petitioners seems to be the neighbours and have indulged in quarrel on some petty issue, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today in connection with Nanpur P.S. Case No. 288 of 2018 be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen

Patna High Court CR. MISC. No.2174 of 2020(2) dt.16-01-2020 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri at Sitamarhi, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T