Ramaiya Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23072 of 2016 Arising Out of PS.Case No. -2 Year- 2014 Thana -SIWAN MUFFASIL DistrictSIWAN =====================================

1. Ramaiya Sahani, S/o Late Jay Ram Sahani, resident of Village - Bhadaura, P.S. - Siwan, (Muffasil) District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s :Mr. Gajendra Kumar Singh, Adv. For the Opposite Party/s :Mr. S. Ehteshmuddin (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-05-2016 Heard the parties.

This application, for grant of regular bail, arises out of Siwan Muffasil P.S. Case No.02 of 2014, disclosing offences under Sections 447, 436, 506 and 504/34 of the Indian Penal Code.

The petitioner is in custody since 12.04.2016. The allegation against the petitioner is of setting the informant's hut on fire.

Learned counsel, appearing on behalf of the

Patna High Court Cr.Misc. No.23072 of 2016 (2) dt.26-05-2016 2/3 petitioner, has submitted that a very small part of the informant's hut has been found to have been damaged. It cannot be said that it is the petitioner, who is responsible for the said damage by fire. It has further been submitted that evidently from the First Information Report, it appears that there is dispute between one Kamlesh Sahani and the informant and that allegedly, the informant was being pressurized to withdraw the cases filed against said Kamlesh Sahani. The petitioner has been unnecessarily implicated in this case, he submits. It has further been submitted that no valuable article has been found to have been damaged because of the alleged fire.

Considering the submission, as above, this application is allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Muffasil P.S. Case No.02 of 2014. This is subject to the condition that the petitioner, abovenamed, shall present himself before the police/Court, as the case may be, as and when required, and in the event of failure on his part to

Patna High Court Cr.Misc. No.23072 of 2016 (2) dt.26-05-2016 3/3 appear before the Court, on two consecutive occasions, his bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Praveen-II/- U T