Kamlesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43646 of 2019 Arising Out of PS. Case No.-177 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

KAMLESH SAHANI Son of Budhan Sahani Resident of Village-Anjana Kot, Madhopur, P.S-Motipur, District-Muzaffarpur. 2.

Naresh Sahani Son of Late Gauri Shankar Sahani Resident of VillageAnjana Kot, Madhopur P.S-Motipur, District-Muzaffarpur 3.

Kaushalya Devi @ Koshila Devi Wife of Umesh Sahani Resident of VillageAnjana Kot, Madhopur P.S-Motipur, District-Muzaffarpur 4.

Nisha Kumar @ Nishi Kumari Daughter of Umesh Sahani Resident of Village-Anjana Kot, Madhopur P.S-Motipur, District-Muzaffarpur 5.

Manisha Kumari Daughter of Umesh Sahani Resident of Village-Anjana Kot, Madhopur P.S-Motipur, District-Muzaffarpur 6.

Janki Devi Wife of Budhan Sahani Resident of Village-Anjana Kot, Madhopur P.S-Motipur, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 326, 307,504/34 IPC registered in connection with Motipur P.S. Case No. 177 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty disputes and the thrust of accusation is against Budhan Sahni and the accusation against the petitioners are general and omnibus in nature. The injuries are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or

Patna High Court CR. MISC. No.43646 of 2019(2) dt.16-07-2019 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned SDJM, West Muzaffarpur, in connection with Motipur P.S. Case No. 177 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner nos. 1 and 2 shall remain physically present and petitioner nos. 3 to 6 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T