Shashi Bhushan Sahani And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1158 of 2016 Arising Out of PS.Case No. -36 Year- 2015 Thana -KARJA District- MUZAFFARPUR ======================================================
1. Shashi Bhushan Sahani Son of Nand Kisore Sahani
2. Tuntun Sahani Son of Late Hiralal Sahani Both resident of village - Raksha, Police Station Karja, District - Muzaffarpur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Anil Kumar, Advocate For the State : Mr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 15-01-2016 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case filed under Sections 436, 120(B)/34 of the Indian Penal Code. It is contended on behalf of the petitioners that certain persons came to the house of the petitioners and set his house on fire, however, the informant, Kapildeo Sahani and his wife were caught red-handed by the petitioners' family and the villagers. Thereafter, they were handed over to the police and F.I.R. being Karja P.S. Case No.35/2015 was lodged. The informant was taken in custody at that point of time. However, subsequently, a false case has been lodged by the aforesaid
Patna High Court Cr.Misc. No.1158 of 2016 (2) dt.15-01-2016 2 / 2 Kapildeo Sahani as a counter case to the aforesaid case making allegations setting his hut at fire which is entirely a false allegation. The fact that the informant was taken in custody in the earlier case has also not been disclosed in the first information report lodged by Kapildeo Sahani.
Having regards to the facts and circumstances, in the event of arrest/surrender within a period of six weeks from today in Karja P.S. Case No.36/15, the above named petitioners, Shashi Bhushan Sahani and Tuntun Sahani shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Smt. Rashmi, J.M. Ist Class, Muzaffarpur subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.
Sanjay-II/- (Dr. Ravi Ranjan, J) U T