Binod Sahani And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.19271 of 2017 (2) dt.17-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19271 of 2017 Arising Out of PS.Case No. -13 Year- 2016 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Binod Sahani S/o Late Ramfal Sahni

2. Bharosh Sahani S/o Late Ramfal Sahni Both residents of Gorhiya Tola Parsauni, P.S. - Phenhara, Dist. - East Champaran.

3. Ganaur Sahani S/o Late Hitan Sahni Resident of Village - Kalu Babu Tola, Naya Gaon Pashchimi, P.S. - Shyampur - Bhathan, District - Sheohar. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Fenhara P.S. Case No. 13 of 2016 registered for the offences punishable under Sections 447, 341, 342, 147, 148, 149, 323, 307, 354 and 302/34 of the Indian Penal Code.

Allegedly, the petitioners and other FIR named accused persons came and started assaulting Baidhnath Sahani father-inlaw of the informant, co-accused Vinod Sahani gave Hasuli blow causing injury beneath his left knee and others assaulted the father-in-law with lathi on his head and whole body and when the informant went for rescue, she was also assaulted. Bina Devi the

Patna High Court Cr.Misc. No.19271 of 2017 (2) dt.17-05-2017 elder Gotni of the informant was also assaulted. Submission is of false implication and that there is case and counter case, now good sense has been prevailed between the parties and compromise petition has also been filed, there is no specific allegation against the petitioners and they are in custody since 16.01.2017, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XII, Motihari, East Champaran in connection with Fenhara P.S. Case No. 13 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T