Pramod Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46168 of 2016 Arising Out of PS.Case No. -123 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================
1. Pramod Sahni, s/o Umesh Sahni, r/v-Satghatta, P.S. - Alauli, Distt - Khagaria
2. Ramashish Sahni, s/o Sito Sahni
3. Sarswati Devi, w/o Ramashish Sahni Both resident of village - Bakhri, Tinkhutia, P.S. - Bakhri, Distt - Begusarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv. For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2017 After some argument learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petitions of petitioner no. 1 Pramod Sahni and petitioner no. 2 Ramashish Sahni.
Prayer is allowed. The anticipatory bail petitions of petitioner no. 1 and petitioner no. 2 are dismissed as withdrawn. Heard both sides.
The petitioner no. 3 Sarswati Devi apprehends her arrest in Bibhutipur P.S. Case No. 123/2016, G.R. No. 523/2016,
Patna High Court Cr.Misc. No.46168 of 2016 (3) dt.09-01-2017 2/3 registered for the offences punishable under Sections 364, 302, 120B and other sections of the Indian Penal Code. The informant alleged that Bijal Yadav and Chandan Yadav took his son Sujit Kumar Sahni, but his son did not return. On enquiry Bijal Yadav and Chandan Yadav disclosed on 17.05.2016 that his son had gone to the house of his maternal uncle. The informant alleged that the petitioners and other accused persons kidnapped his son and killed him.
Learned counsel for the petitioner submits that petitioner is a lady. The informant is not an eye-witness of the occurrence. The dead-body was found on 17.05.2016, but the F.I.R. was lodged on 23.05.2016. There is no injury on the dead body as per the inquest report, but it appears that petitioner is a lady and save and except suspicion no tangible material is collected against the petitioner.
Considering the facts aforesaid, petitioner no. 3 Sarswati Devi, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 3rd, Rosera, Samastipur in connection
Patna High Court Cr.Misc. No.46168 of 2016 (3) dt.09-01-2017 3/3 with Bibhutipur P.S. Case No. 123/2016, G.R. No. 523/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T