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Patna High CourtCR. MISC./814/2016bail granted

Arjun Sahani @ Arjun Kumar v. The State Of Bihar

2016-04-25Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.814 of 2016 Arising Out of P. S. Case No. -189 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN (MOTIHARI) =====================================

1. Arjun Sahani @ Arjun Kumar, S/o Jirjodhan Sahni of Village - Manpurwa, P.S. - Madhuban, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Reema Devi, Wife of Chandan Sahni of Village - Manpurwa, P.S. - Madhuban, District - East Champaran. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar, Adv. For the State : Mrs. Renu Kumari (APP) For the O.P. No.2 : Mr. Bijay Prakash Singh, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel appearing on behalf of the opposite party No.2 This application, for grant of anticipatory bail, arises out of Madhuban P.S. Case No.189 of 2015

Patna High Court Cr.Misc. No.814 of 2016 (5) dt.25-04-2016 2/3 (G.R. Case No.985 of 2015), disclosing offences under Sections 341, 379 and 376/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the prosecution case, as narrated in the complaint petition, is highly improbable as it appears that the complainant was tutored to lodge the said First Information Report because of the land dispute. Considering the facts and circumstances and the submissions advanced on behalf of the parties, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, 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 learned Sub-Divisional Judicial Magistrate, Sikrahana, Motihari, East Champaran, in connection with Madhuban P.S. Case No.189 of 2015 (G.R. Case No.985 of 2015, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the

Patna High Court Cr.Misc. No.814 of 2016 (5) dt.25-04-2016 3/3 event of failure on his part to 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