Ramashraya Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48670 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Ramashraya Sahani, S/o Sukhdeo Sahani,

2. Meena Devi, W/o Shri Mahesh Sahani,

3. Puja Kumari, D/o Umesh Sahani,

4. Ram Balak Sahani, S/o Suraj Sahani,

5. Alok Sahani, S/o Suresh Sahani, All are R/o Village- Sukh Sena, P.S.- Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Roy, Adv. For the State : Mr. Yogendra Kr. Singh, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Bibhutipur P.S. Case No. 19 of 2017, disclosing offences under Sections 147, 148, 149, 323, 307, 380 and 452 of the Indian Penal Code.

It is alleged in the First Information Report that the accused persons wanted to grab the land of the informant, which was objected to by the informant,

Patna High Court Cr.Misc. No.48670 of 2017 (2) dt.10-11-2017 2/3 whereafter, the accused persons, who belonged to the same family, assaulted the informant. Complaint petition, filed on behalf of the complainant-informant, is the basis of for registration of the First Information Report. There is a counter case also in relation to the occurrence said to have taken place on the same date and at the same time. Learned counsel for the petitioners has submitted that allegation of assault by Farsa is against coaccused, namely, Mahesh Sahani, who has been granted regular bail by the court below. So far as these petitioners are concerned, they are said to have assaulted with Lathi, Danda and Rod etc.

Considering the above submission and the facts and circumstances of the case, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur, in connection with Bibhutipur P.S. Case No. 19 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court Cr.Misc. No.48670 of 2017 (2) dt.10-11-2017 3/3 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T