Rama Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.31792 of 2015 (2) dt.12-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31792 of 2015 Arising Out of PS.Case No. -49 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== RAMA SAH, son of Gaurdali Sah, resident of village Madhubani Ghat, Police Station Motihari Muffasil, District East Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Muffasil P.S. case No. 49 of 2014, disclosing offences under Sections 436/34 of the Indian Penal Code.

It is alleged that accused persons including the petitioner set the informant's house on fire.

Learned counsel appearing on behalf of the petitioner submits that the false case has been instituted against the petitioner and the family members out of vengeance as admittedly property dispute is there between the parties and in the year 2013, brother of the petitioner Ajay Sah, a co accused in the present case had instituted First Information Report against family members of the

Patna High Court Cr.Misc. No.31792 of 2015 (2) dt.12-08-2015 informant. It has been stated in paragraph 3 of the application that the petitioner has no criminal antecedent and there is no chance of his absconding or tampering with the evidence. Accordingly, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sadar, Motihari in Muffasil P.S. Case No. 49 of 2014, subject to the conditions as 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, and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U