Prem Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58296 of 2015 Arising Out of PS.Case No. -63 Year- 2015 Thana -SC/ST PS-CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Prem Sahani, Son of Bilash Sahani,
2. Bilash Sahani, Son of Yogeshwar Sahani,
3. Mani Devi D/o Bilash Sahani.
4. Sita Devi, Daughter of Bilash Sahani,
5. Mithi Kumari, Daughter of Bilash Sahani, All are residents of VillageBaisaha, P.S.-Chakiya, District-East Champarna. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Motihari SC/ST (Chakia) P.S. Case No. 63 of 2015, disclosing offences under Sections 147, 148, 447, 354, 323 and 379 of the Indian Penal Code and Section 3 (1)(x) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989. Learned counsel for the petitioner submits that no offence under Section 147, 148, 447, 354, 323 and 379 of the Indian Penal Code and Section 3 (1)(x) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989
Patna High Court Cr.Misc. No.58296 of 2015 (2) dt.01-02-2016 2/2 is made out. He also submits that similarly situated co-accused persons Saroj Rai has been granted anticipatory bail by this Court, vide order dated 02.12.2015 passed in Criminal Miscellaneous No. 54648 of 2015.
Considering the submission as above, this application is allowed.
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 bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with SC/ST (Chakia) P.S. Case No. 63 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vats/- U T