Bidya Sahani And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.16273 of 2015 (2) dt.22-05-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16273 of 2015 Arising Out of PS.Case No. -337 Year- 2010 Thana -HAJIPUR SC ST PS District- EAST CHAMPARAN, MOTIHARI ======================================================
1. Bidya Sahani son of Manager Sahani
2. Suresh Sahani Son of Bidya Sahani
3. Mukesh Sahani Son of Suresh Sahani
4. Vinay Sahani Son of Suresh Sahani
5. Raju Sahani son of Bidya Sahani All residents of village- Ajgarawa, P.S.- Banjariya, District- East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-05-2015 Heard learned counsel for the petitioners as well as learned Special Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Hajipur S.C./S.T. P.S. Case No. 337 of 2010 registered for the offences punishable under Sections 341, 323, 504, 147, 148 of the Indian Penal Code and Section 3(i) (x) (iii) of S.C./S.T. (Prevention of Atrocities) Act.
All the sections are bailable in nature except Section 3(i) (x) (iii) of S.C./S.T. (Prevention of Atrocities) Act and admittedly, co-accused, Tamdhaj Sahani @ Tamhaj Sahani has
Patna High Court Cr.Misc. No.16273 of 2015 (2) dt.22-05-2015 already been admitted to anticipatory bail by a co-ordinate Bench of this Court vide order dated 16.05.2014 passed in Cr. Misc. No. 13371 of 2014 and, therefore, in my view, this petition is not hit by Section 18 of S.C./S.T. (Prevention of Atrocities) Act. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari in Hajipur S.C./S.T. P.S. Case No. 337 of 2010 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T