Mahesh Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32478 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Mahesh Sah, S/o Late Pannalal Sah,
2. Seema Devi W/o Mahesh Sah, Both are Residents of Mohalla- Mathiya, ward No.17, P.S.- Chhatauni, District- East Champaran at Motihari. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyama Kant Singh For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 The petitioners are apprehending their arrest in connection with Chhatauni P.S. Case No. 68 of 2018, registered for offences punishable under Sections 341, 323, 379, 385, 427, 504 and 506/34 of the Indian Penal Code.
Allegation against the petitioners is of demand of extortion and also of forcibly taking away the construction materials such as one trailer sand, one trailer stone chips, three quintal cements and ten bags of cement.
It has been submitted on behalf of the petitioners that they have falsely been made accused in this case and no such occurrence has taken place. Further the informant is their neighbour and there is case and counter case between them.
Patna High Court Cr.Misc. No.32478 of 2018 (3) dt.28-06-2018 2/3 Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Chhatauni P.S. Case No. 68 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the
Patna High Court Cr.Misc. No.32478 of 2018 (3) dt.28-06-2018 3/3 prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T