Bachcha Sahni @ Bachalal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57808 of 2019 Arising Out of PS. Case No.-160 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

BACHCHA SAHNI @ BACHALAL SAHNI Son of Mahraj Sahni Resident of Village - Joukatia (Bada Malai Tola), P.S.- Majhaulia, District- West Champaran.

2.

Munni Devi Wife of Mahraj Sahni Resident of Village - Joukatia (Bada Malai Tola), P.S.- Majhaulia, District- West Champaran. 3.

Binod Sahni Son of Late Hakad Sahni Resident of Village - Joukatia (Bada Malai Tola), P.S.- Majhaulia, District- West Champaran. 4.

Roshan Sahni Son of Late Jagan Sahni @ Gagan Sahni Resident of Village - Joukatia (Bada Malai Tola), P.S.- Majhaulia, District- West Champaran. 5.

Lalmuni Devi Wife of Poshan Sahni Resident of Village - Joukatia (Bada Malai Tola), P.S.- Majhaulia, District- West Champaran. 6.

Soni Devi Wife of Rakesh Sahni Resident of Village - Sonbarsa, P.S.- Harsidhi, District- West Champaran.

7.

Manju Devi Wife of Arun Sahni Resident of Village - Sanuariya Tola Sidhwalia, P.S.- Kangli, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar No.1, Advocate.

For the Opposite Party/s :

Dr. (Mrs) Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Manjhaulia P.S. Case No. 160 of 2019, disclosing the offence under Sections 366 /34 of the Indian Penal Code. My attention has been drawn to the statement of victim recorded under Section 164 Cr.P.C..

Patna High Court CR. MISC. No.57808 of 2019(2) dt.13-09-2019 2/2 On perusal of the said statement, I find substance in the submission made on behalf of the petitioners that accusation against them in the FIR is not correct.

Considering the statement of victim recorded under Section 164 of the Cr.P.C. which does not support the case of the prosecution, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, 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 learned Chief Judicial Magistrate, Bettiah, in connection with Majhaulia P.S Case No. 160 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bounds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) T.Kr./- U T