Rajesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43139 of 2019 Arising Out of PS. Case No.-173 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

RAJESH SAHANI Son of Ram Chandra Sahani Resident of VillageGandhinagar, P.S-Bagaha, District-West Champaran. 2.

Rambali Sahani Son of Late Jugeshwar Sahani Resident of VillageGandhinagar, P.S-Bagaha, District-West Champaran. 3.

Ramawati Devi Wife of Rambali Sahani Resident of Village-Gandhinagar, P.S-Bagaha, District-West Champaran.

4.

Manju Devi Wife of Rajesh Sahani Resident of Village-Gandhinagar, P.SBagaha, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Premshila Devi Wife of Gorakh Sahani Resident of Village-Gandhi Nagar, P.S-Bagaha, District-West Champaran.

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 173 of 2018, disclosing the offence under Section 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that evidently the complaint case has been filed more than nine months after the alleged date of occurrence, for which there is no plausible explanation in the complaint petition. The

Patna High Court CR. MISC. No.43139 of 2019(2) dt.12-07-2019 2/2 petitioners belong to the same family and all the family members, including the female members, have been implicated falsely in this case.

Be that as it may, considering the delayed filing of the complaint petition, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned ACJM-1, Bagaha, West Champaran in Complaint Case No. 173 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T