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Patna High CourtCR. MISC./29463/2018bail granted

Koshila Devi And ORS v. The State Of Bihar

2018-05-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29463 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- DARPA District- East Champaran ======================================================

1. Koshila Devi, Wife of Ramekbal Sahani.

2. Kuishi Devi, Wife of Jagdish Sahani.

3. Kailashi Devi, Wife of Sugriv Sahani.

4. Jagdish Sahani, Son of Late Sita Ram Sahani.

5. Ramekbal Sahani, Son of Late Sita Ram Sahani.

6. Sugriv Sahani, Son of Ramekbal Sahani, All residents of Village- Bagahi, P.S.- Darpa, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Darpa P.S. case no. 28 of 2018 instituted for the offence under Section(s) 363 and 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that in the written report there is allegation that daughter of the informant had gone for call of nature but she did not return. The informant learnt from the villagers that she was seen going with co accused Chandeshwar Sahani. The petitioners are said to be the family members of co -accused Chandeshwar Sahani. In the facts and circumstances of the case, prayer of the

Patna High Court Cr.Misc. No.29463 of 2018(2) dt.16-05-2018 2/2 petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Darpa P.S. case no. 28 of 2018, 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 the learned S.D.J.M., Raxual at Motihari, East Champaran, 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) shyambihari/- U T