Patna High CourtCR. MISC./33191/2016bail granted

Jaleshwar Sahni v. The State Of Bihar

2016-08-24Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33191 of 2016 Arising Out of PS.Case No. -145 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Jaleshwar Sahni Son of Late Mahendra Sahni, Resident of village - Malikana Bagahi, P.S. Motipur, District - Muzaffarpur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mani Bhushan Kumar, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 376 and 511 of the Indian Penal Code registered in connection with Motipur P.S. Case No. 145 of 2016.

3. It is submitted that the petitioner has been falsely implicated as admittedly there is a previous land dispute between the parties and the petitioner happens to be the neighbour of the informant. Petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Motipur P.S. Case No. 145 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

Patna High Court Cr.Misc. No.33191 of 2016 (3) dt.24-08-2016 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iii) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. Md. Ibrarul/BT (Vikash Jain, J) U T