Badri Sahni @ Badri Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63853 of 2019 Arising Out of PS. Case No.-47 Year-2019 Thana- MAHILA P.S. DistrictMadhubani ====================================================== 1.
BADRI SAHNI @ BADRI SAHANI Son of Late Bokai Sahni Resident of Village - Enarba, P.S. - Khajauli, District - Madhubani. 2.
Ram Pyari Devi Wife of Badri Sahni Resident of Village - Enarba, P.S. - Khajauli, District - Madhubani.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Gagan Deo Yadav, Advocate.
For the Opposite Party:
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-10-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 323, 341, 498(A) of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act registered in connection with Mahila P.S. Case No. 47 of 2019.
3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the parents-in-law of the informant. The petitioners were living separately and have no concern with the day to day matters of the informant and her husband. The petitioners claim clean antecedents.
4. Learned APP assisted by learned counsel for the informant appear and have been heard.
5. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named
Patna High Court CR. MISC. No.63853 of 2019(2) dt.24-10-2019 2/2 petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhubani in connection with Mahila P.S. Case No. 47 of 2019, subject to the conditions as laid down under Section 438
(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner no. 2 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present and petitioner no. 1 shall remain physically present in Court on each and every date, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar//- U T