Patna High CourtCR. MISC./62702/2018partly allowed disposal

Meghu Sahni And ORS v. The State Of Bihar

2018-12-13Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62702 of 2018 Arising Out of PS. Case No.-549 Year-2017 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================

1. Meghu Sahni, son of Bangur Sahani,

2. Lalmuni Devi, W/o Meghu Sahani,

3. Bhola Sahni, S/o Banti Sahni.

4. Rakesh Kumar, S/o Munni Lal Sahni, All resident of VillageTikaulia, P.S.- Muffasil, Motihari Dist.- East Champaran, Motihari.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Motihari Muffasil PS Case No. 549/2017 for the offence under Sections 341, 342, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that there is omnibus allegation against the petitioners, they have committed no offence and have falsely been implicated in the case.

Patna High Court Cr.Misc. No.62702 of 2018(2) dt.13-12-2018 2/3 Prima facie, the Court is not inclined to accept the submission advanced on behalf of the petitioners. However, considering the fact that petitioner no. 2 is a lady she deserves special treatment and, therefore, the Court is inclined to grant her anticipatory bail.

Accordingly, in the event of arrest or surrender before the court below within a period of one month from today, petitioner no.2 Lalmuni Devi, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Champaran, Motihari in connection with Motihari Muffasil PS Case No. 549 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as petitioner nos. 1, 3 and 4 are concerned, the Court is not inclined to grant them the privilege of anticipatory bail. However, liberty shall be available to petitioner nos. 1, 3 and 4 above named, to surrender before concerned court below and pray for regular bail. In the event prayer is made on surrender for regular bail the court below will consider and dispose of the prayer for regular bail on behalf of the petitioner nos. 1, 3 and 4 on the same day without being influenced by

Patna High Court Cr.Misc. No.62702 of 2018(2) dt.13-12-2018 3/3 refusal of bail by this Court.

(Anil Kumar Upadhyay, J) mrl./- U T