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Patna High CourtCR. MISC./39859/2014disposed

Ramesh Sahani And ANR v. The State Of Bihar

2015-03-042 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39859 of 2014 Arising Out of PS.Case No. -186 Year- 2011 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ramesh Sahani son of Motilal Sahani

2. Shobha Devi wife of Motilal Sahni Both are residents of village-Jhakhra, Mushhari Tola, PO & PS-Pipra Kothi, District-East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-03-2015 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, petitioners are seeking anticipatory bail in connection with Pipra Kothi P.S. Case No. 186 of 2011 registered for offences under sections 328/304(B)/34 and 201 of the Indian Penal Code.

Allegation has been made against petitioner No. 1 that he has been working at Bangalore. One month earlier, he came to his house, demanded motor cycle and others and thereafter, he proceeded for Bangalore. Specific allegation has been made against petitioner No. 2 that she administered poison to the victim who died.

From the first information report it appears, petitioner

Patna High Court Cr.Misc. No.39859 of 2014 (2) dt.04-03-2015 2/2 No. 1 was working at Bangalore.

In such view of the matter, in the event of petitioner No. 1 arrest or surrender before the court below within four weeks from the date of communication of this order, let Ramesh Kumar petitioner No. 1 be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Motihari in connection with Pipra Kothi P.S. Case No. 186 of 2011, subject to the condition as laid down under Section 438 (2) Cr. P.C. So far petitioner No. 2 is concerned, this Court is not inclined to grant bail to her. Accordingly, her prayer for bail is rejected.

(Shivaji Pandey, J) Mahesh/- U T