Kapildeo Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68253 of 2018 Arising Out of PS. Case No.-226 Year-2017 Thana- CHIRAIYA District- East Champaran ====================================================== Kapildeo Sahani, S/o Late Ganesh Sahani, resident of Village- Jhitkahiya, P.S.- Lakhaura District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pramod Kumar Pandey For the Opposite Party/s :

Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Chiraiya P.S. Case No. 226/17 for the offence under sections 147, 120B, 342,323, 302 and 313 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.

Referring to prosecution case, he submits that in the instant case though there is allegation that the accused were involved in the abortion of the complainant but similarly circumstanced other co-accused, namely Gajendra Sah and Jitendra Sahni have been granted bail by a coordinate bench of this court in Cr. Misc. Nos. 21386 of 2018 and 28981 of 2018

Patna High Court Cr.Misc. No.68253 of 2018(2) dt.14-12-2018 2/2 vide order dated 17.5.2018 and 30.5.2018.

Considering the aforesaid, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Dhaka, Motihari, in connection with Chiraiya P.S. Case No. 226 of 2017, arising out of C- case no. 242 of 2017 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T