Rekha Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51415 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

REKHA SAHANI Son of Chandrika Sahani Resident of Village - Bahuari, P.S.- Lakhaura, District - East Champaran.

2.

Bhulawan Sahani Son of Bhutan Sahani Resident of Village - Bahuari, P.S.- Lakhaura, District - East Champaran.

3.

Vinod Sahani Son of Ram Prasad Sahani Resident of Village - Bahuari, P.S.- Lakhaura, District - East Champaran.

4.

Mishri Sahani Son of Late Daroga Sahni Resident of Village - Bahuari, P.S.- Lakhaura, District - East Champaran.

5.

Pannalal Sahani Son of Jangi Sahani Resident of Village - Bahuari, P.S.- Lakhaura, District - East Champaran.

6.

Jai Mangal Sahani Son of Ram Prasad Sahani Resident of Village - Bahuari, P.S.- Lakhaura, District - East Champaran.

7.

Yodha Sahani @ Raj Kishore @ Raj Kishore Sahani @ Jodha Sahani Son of Late Shivbaran Sahani Resident of Village - Bahuari, P.S.- Lakhaura, District - East Champaran.

8.

Yadolal Sahani Son of Late Bhagwat Sahani Resident of Village - Bahuari, P.S.- Lakhaura, District - East Champaran.

9.

Sarvjeet Sahani Son of Surat Sahani Resident of Village - Bahuari, P.S.- Lakhaura, District - East Champaran.

10.

Shambhu Sahani Son of Late Shiv Baran Sahani Resident of Village - Bahuari, P.S.- Lakhaura, District - East Champaran. 11.

Devendra Sahani Son of Late Mahendra Sahani Resident of Village - Bahuari, P.S.- Lakhaura, District - East Champaran. 12.

Ramanand Sahani Son of Late Chalitar Sahani Resident of Village - Bahuari, P.S.- Lakhaura, District - East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.51415 of 2019(2) dt.19-08-2019 2/3

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 323, 341, 452, 380, 427, 307, 434, 506/34 of the Indian Penal Code registered in connection with Muffasil (Lakhaura) P.S. Case No. 178/2019 corresponding to GR No. 2731 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and the parties are gotia. There is case and counter case between the parties. There is inordinate delay in institution of the FIR on 25.04.2019 for the alleged occurrence of 01.03.2019. It is submitted that no injury has been caused to anyone. The petitioners are accused in one prior case, in which they are on bail.

4. Be that as it may, in the event of the petitioners arrest or 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 CJM, Motihari,East Champaran, in connection with Muffasil (Lakhaura) P.S. Case No. 178/2019 corresponding to GR No. 2731 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.

Patna High Court CR. MISC. No.51415 of 2019(2) dt.19-08-2019 3/3 iv. The petitioners shall remain physically present 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