Ganesh Sahni And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.44089 of 2017 (4) dt.24-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44089 of 2017 Arising Out of PS.Case No. -150 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Ganesh Sahni Son of Late Ramashesh Sahni

2. Jaina Devi @ Jona Devi Wife of Ganesh Sahni

3. Kishore Sahni @ Kishori Sahni Son of Ganesh Sahni

4. Chameli Devi Wife of Kishore Sahni @ Kisori Sahni

5. Rahul Kumar @ Bachcha Sahni Son of Ganesh Sahni All resident of village- Hathsarganj, Nishad Gass Godawn, P.S.- Hajipur Town, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi, Adv. For the Opposite Party/s : Mr. Smt Sangeeta Sharma, A.P.P. For the O.P. No.2 : Mrs. Rashmi, Adv.

: Mr. Sunil Kr. Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Hajipur Town Police Station Case No. 150 of 2017, disclosing offences under Sections 304(B)/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the deceased was suffering from several diseases and during course of treatment, she died, which is evident from annexure-2

Patna High Court Cr.Misc. No.44089 of 2017 (4) dt.24-11-2017 to the supplementary affidavit filed by the petitioner. Moreover, the petitioners happen to be close relative of husband of the deceased and the husband of deceased is in judicial custody. Hence, the petitioners, who are of clean antecedent, deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on 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, in connection with Hajipur Town Police Station Case No. 150 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T