Chandar Sahani @ Ramchandra Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57166 of 2024 Arising Out of PS. Case No.-310 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.
Chandar Sahani @ Ramchandra Sahani S/o Late Bhola Sahani R/o VillageGodhiya Tola Majhar, P.S- Pakaridayal, Distt.- East Champaran. 2.
Meena Devi W/o Late Vinod Sahani R/o Village- Godhiya Tola Majhar, P.SPakaridayal, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate Mr. Dhandev Kumar, Advocate Mr. H.C. Patel, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Pakaridayal P.S. Case No. 310 of 2022 instituted under Sections 120(B), 363, 366, 302, 201 and 34 of the Indian Penal Code.
3. As per the FIR which has been registered on the basis of Complaint Case No. 542 of 2021, the allegation is that the accused persons had taken the minor son of the informant Badal Kumar with them at Kohima for four years ago to engage him in a job for consideration of Rs. 1000/- but the accused
Patna High Court CR. MISC. No.57166 of 2024(2) dt.04-09-2024 2/3 persons neither paid his salary nor stated where about him and on 25.02.2021, the informant came to know that his son has been murdered in Kohima.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case due to ulterior motive. The complaint was lodged after four years delay without any plausible explanation. He further submits that the petitioners have never taken the victim to Kohima as alleged and they have no concern with the alleged occurrence. Learned counsel also submits that there is nothing material against the petitioner and there is general allegation that the victim has been murdered in Kohima. He further submits that petitioners have no criminal antecedent and they undertake to co-operate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the
Patna High Court CR. MISC. No.57166 of 2024(2) dt.04-09-2024 3/3 learned Chief Judicial Magistrate, East Champaran, Motihari / Concerned Trial Court in connection with Pakaridayal P.S. Case No. 310 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T