Chandrika Sahani And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.639 of 2015 (4) dt.01-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.639 of 2015 Arising Out of PS.Case No. -69 Year- 2014 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chandrika Sahani Son of Badari Sahani

2. Badari Sahani Son of Late Anurag Sahani

3. Rajendra Sahani Son of Badari Sahani All resident of village - Kans Pakari, P.S.- Madhuban, Distt- East Champaran at Motihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Manish Kumar-Ii(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Madhuban P.S. Case No. 69 of 2014 registered for the offences punishable under Sections 147, 148, 149, 302, 120B of the Indian Penal Code.

Case diary of the present case was called for earlier which has since been received.

Learned counsel for the petitioners submits that though the petitioners are named in the first information report, there is no specific allegation against them and as per the post mortem report, the cause of death has been attributed by Bhala blow which is said

Patna High Court Cr.Misc. No.639 of 2015 (4) dt.01-10-2015 to have been inflicted by one Yogendra Sahni and not these petitioners. It is further submitted that similarly situated coaccused persons have been granted bail by a Bench of this court vide order dated 25.06.2015 passed in Cr. Misc. No. 17345 of 2015.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sikrahna at Motihari in connection with Madhuban P.S. Case No. 69 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) Jagdish/- U