Sahdeo Sahni @ Sahdeo Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16802 of 2019 Arising Out of PS. Case No.-384 Year-2018 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

SAHDEO SAHNI @ SAHDEO SAHANI Son of Late Dhyan Sahani Resident of Village-Samera Sagardina, P.S-Chiraiya, District-East Champaran.

2.

Sita Sahani @ Sita Sevi Wife of Sahdeo Sahani, Resident of Village-Samera Sagardina, P.S-Chiraiya, District-East Champaran. 3.

Dheeraj Kumar @ Dhiraj Kumar Son of Sahdeo Sahani, Resident of VillageSamera Sagardina, P.S-Chiraiya, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-03-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Chiraiya P.S. Case No. 384 of 2018, G.R. No. 1383 of 2018 registered for offence punishable under sections 341, 323, 308, 379, 504 and 506/34 of the Indian Penal Code.

There is a direct allegation against Sahdeo Sahni (petitioner no. 1) to have assaulted on the head of the victim. There is no specific allegation made against Sita Sahani and Dheeraj Kumar (petitioner nos. 2 and 3).

Looking to the facts and circumstances of the case,

Patna High Court CR. MISC. No.16802 of 2019(2) dt.26-03-2019 2/2 the prayer for bail of petitioner nos. 2 and 3 is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/-each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dhaka in connection with Chiraiya P.S. Case No. 384 of 2018, G.R. No. 1383 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court The petitioners will not induce any witness or tamper with the evidence.

The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. So far petitioner no. 1 is concerned, his prayer for bail is rejected. However, if he surrenders within a period of three weeks, the court below without being prejudiced by this order will take decision in accordance with law preferably on the same day.

(Shivaji Pandey, J) mkchy/- U T