Sujeet Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26598 of 2017 Arising Out of PS.Case No. -32 Year- 2015 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================

1. Sujeet Sahani,

2. Ajit Sahani.

Both are sons of Nareshi Sahani @ Ram Naresh Sahani, resident of villagePatepur, Police Station- Kartahan, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjan Kumar Singh, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Kartahan P.S. Case No. 32 of 2015 instituted for the offence under Sections 302/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that investigation against them is still pending before the police. The police after investigation submitted charge sheet against husband of the deceased namely, Ajay Sahani @ Sanjay Sahani, who faced trial and acquitted by the Trial Court in Sessions Trial No. 246 of 2016 vide Judgment dated 20.12.2016. The petitioners have been named merely on suspicion. They are brother-in-law (Dewars) of the deceased. It is mentioned in paragraph-3 of the bail petition that petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.26598 of 2017 (2) dt.06-07-2017 2/2 In such circumstances, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Kartahan P.S. Case No. 32 of 2015, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T