Bharat Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13865 of 2018 Arising Out of PS.Case No. -115 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bharat Sahani Son of Late Bhikhari Sahani,
2. Shiv Kumar Sahani @ Shiv Sahani Son of Bharat Sahani,
3. Raj Kishore Sah @ Raj Kishore Sahani @ Sanjeet Sahani @ Raj Kishore Kumar Sahani Son of Bharat Sahani, All Resident of Village-Madhu Chhapara, P.S.-Piprakothi, District-East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Piprakothi P.S.Case nO.115 of 2017 , registered for offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.
Petitioner no.1 is father-in-law and petitioner nos. 2 and 3 are the brothers-in-law. The case is under Section 304B of the IPC causing dowry death.
Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioner and the specific allegation of demand is against the husband, who is in
Patna High Court Cr.Misc. No.13865 of 2018 (2) dt.10-04-2018 2/2 custody.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Piprakothi P.S.Case nO.115 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T