Nanki Sahni @ Nanhaki Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16623 of 2018 Arising Out of PS.Case No. -81 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================
1. Nanki Sahni @ Nanhaki Sahni , S/o Gaj Sahni
2. Usha Devi, W/o Ram Kishun Sahni,
3. Ram Ekbal Sahni, S/o Late Nandan Sahni, All resident of Village Bajidpur Bambaiya, P.S.- Bibhutipur, DistrictSamastipur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bibhutipur P.S. Case No. 81 of 2015 instituted for the offence under Sections 147, 149, 323, 387, 379 and 427of the Indian Penal Code. It is alleged in the written report that while the informant was constructing toilet in his land, the accused persons came and demanded Rs.50,000/- as Rangdari. It is further alleged that on refusal by the informant, the accused Ram Kishun Sahni (not petitioners herein) put Gamchha on the neck of the informant and tried to kill the informant.
It is mentioned in paragraph-3 of the bail petition that
Patna High Court Cr.Misc. No.16623 of 2018 (2) dt.27-03-2018 2/2 petitioners have no criminal antecedent.
Considering the facts and circumstances of the case, 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 Bibhutipur P.S. Case No. 81 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 Additional Chief Judicial Magistrate, Rosera, Samastipur, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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