Ramesh Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32872 of 2014 Arising Out of PS.Case No. -166 Year- 2013 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ramesh Sahani Son of Ramprawesh Sahani

2. Bharosh Sahani @ Ram Bharosh Sahani S/o Jamadar Sahani Both are resident of village - Chakalahuray, P.S. Mehasi, District - East Champaran at Motihari .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2015 Heard both sides.

The petitioners apprehend their arrest in a case under section 436 and other sections of the Indian Penal Code. The informant alleged that all the accused persons came and started brick- batting and also set ablaze the house of the informant. Seven huts were burnt to ashes and animals and other house hold articles were burnt to ashes.

It is submitted that on the same date Sharma Devi, one of the co-accused filed Mehasi P.S. Case No. 167/2013 making

Patna High Court Cr.Misc. No.32872 of 2014 (3) dt.26-03-2015 2 / 2 allegation against the informant and others that they set ablaze the house of Sharma Devi and the house of Sogarath Sahni also burnt to ashes. It appears that there is specific allegation against the petitioners. Seven huts were burnt to ashes and many animals also burnt to death.

Considering the aforesaid facts, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

The petitioners may surrender in the court below and pray for regular bail. The court below shall consider the regular bail of the petitioners taking into consideration that there is a case and counter-case.

B.Roy/- (Prabhat Kumar Jha, J) U