Chandradeo Sahani And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52515 of 2015 Arising Out of PS.Case No. -126 Year- 2015 Thana -MAHESI District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Chandradeo Sahani, Son of Bhukhal Sahani

2. Sanjay Sahani, Son of Bishwanath Sahani

3. Vijay Sahani, Son of Horil Sahani

4. Ravindra Sahani, Son of late Rajdeo Sahani

5. Jalsa Devi, Wife of Horil Sahani.

All are residents of Village- Bhimalpur Derwa, P.S.- Mehsi, DistrictEast Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. P.K. Chaurasia (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case under Section 384 and other allied sections of the Indian Penal Code and Section 3/4 of the Daain Act.

The informant alleged that the petitioners armed with Lathi and Danda came to the door and abused him alleging that he is a Daain. The accused persons even assaulted him with Lathi, Bricks and Bamboo sticks. They also demanded a sum of Rs.51,000/-, failing which he will not be permitted to stay in the village. The villagers intervened the matter, but since last few days

Patna High Court Cr.Misc. No.52515 of 2015 (2) dt.10-11-2015 2 / 2 the accused persons are again demanding a sum of Rs.51,000/- and threatening him with dire consequences.

The petitioners denied the allegation and submit that since a Panchayati has been held, the first part of the allegation goes and only threat with regard to demand of Rs.51,000/- remains.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today the petitioner no. 5, namely, Jalsa Devi, be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Mehsi P.S. Case no. 126 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The petitioner nos. 1 to 4 are directed to surrender before the court below and pray for regular bail, which would be decided on its own merit preferably on the same day. (Samarendra Pratap Singh, J.) Uday/- U T