Dharmendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31738 of 2017 Arising Out of PS.Case No. -416 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dharmendra Sahni, son of Baidyanath Sahni, a resident of VillageSonbarsa, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kripanand Kumar Prabhakar For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with - Harsidhi P.S.Case No.416 of 2016, registered for offences punishable under Sections 489A, 489B, 489C, 467, 468, 471, 414/34 of the Indian Penal Code.

Though the case is under Section 498B & 498C and other Sections of the IPC. The petitioner is named in the F.I.R., however, submission of the learned counsel for the petitioner is that he has not been arrested on the spot and on the basis of disclosure of the persons arrested on the spot, the petitioner has been made accused in this case but there is no recovery from his possession and he is in custody for about 2 1⁄2 months. It has also been submitted that the another co-accused has already been

Patna High Court Cr.Misc. No.31738 of 2017 (2) dt.14-07-2017 2/3 granted bail by this Court, vide order dated 16.12.2016 passed in Cr. Misc. No.49478 of 2016.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., East Champaran, Motihari in connection with Harsidhi P.S.Case No.416 of 2015.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.31738 of 2017 (2) dt.14-07-2017 3/3 U