Prem Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54892 of 2017 Arising Out of PS.Case No. -17 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Prem Kumari, Wife of Uday Sahani.
2. Uday Sahani @ Uday Kumar Sahani, Son of Ramrup Sahani.
3. Vikash Sahani @ Vikash Kumar, Son of Ramrup Sahani.
4. Jawahir Sahani @ Jawahar Sahani, Son of Lte Rajendra Sahani.
5. Devilal Sah, Son of Jalu Sah.
6. Meera Devi, Wife of Devilal Sah.
All Residents of Village : Sahu Tola, P.S.: Madhuban, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioners : Mr. Abhishek Kumar, Advocate. For the State : Mr. Shailendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 24-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Madhuban P.S. Case No.17 of 2016 registered under Sections 341, 353 and 379/34 of the Indian Penal Code.
The accusation of the informant Meenu Rani, Bal Vikas Pariyojna Adhikari, Madhuban, East Champaran, is that in the meeting, which was held on 23.01.2016 in Ward No.9 of Panchayat Madhuban South, in presence of the Block
Patna High Court Cr.Misc. No.54892 of 2017 (2) dt.24-11-2017 2/3 Development Officer, Madhuban, East Champaran, and the police officials, some unknown snatched the register of the proceeding and created disturbance in the meeting.
Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. that on the basis of the written report of the informant Meenu Rani, Bal Vikas Pariyojna Adhikari, Madhuban, East Champaran, the present case was lodged against unknown. The informant in his restatement and the witnesses, namely, Ram Prasad, Umesh Singh and the B.D.O., in their statements, as detailed in paragraphs-2, 5, 6 and 7 of the case diary, have not stated the name of the petitioners indulged in snatching the register of the proceeding. Only the Dy.S.P., in his supervision note, as detailed in paragraph-14 of the case diary, has detailed the name of the petitioners and 7 others indulged in snatching the register of the proceeding. The petitioners have no criminal antecedents.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV,
Patna High Court Cr.Misc. No.54892 of 2017 (2) dt.24-11-2017 3/3 Motihari (East Champaran), in connection with Madhuban P.S. Case No.17 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T