Patna High CourtCR. MISC./938/2018partly allowed disposal

Bharat Sahani And ORS v. The State Of Bihar

2018-01-16Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.938 of 2018 Arising Out of PS.Case No. -109 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Bharat Sahani, son of Rajendra Sahani

2. Chandani Devi wife of Bhagohan Sahani,

3. Jagtaran Devi wife of Bharat Sahani,

4. Mina Devi wife of Rajendra Sahani, All are resident of village- Ramnath Dhamauli Laskaripur, P.S.- Kanti, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Bela Singh, Advocate For the State : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Kanti P.S. Case No.109 of 2017 registered under Sections 341, 323, 324, 326A and 307/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that during the pendency of the present application the petitioner no.3 Jagtaran Devi has already died.

In that view of the matter, the application for grant of pre-arrest bail as far as petitioner no.3 is concerned is disposed of as infructuous.

Patna High Court Cr.Misc. No.938 of 2018 (2) dt.16-01-2018 2/2 Regard being had to the allegations made in the FIR that petitioner no.1 Bharat Sahani assaulted with Dabia on the head of the informant causing serious injuries, I am not inclined to grant him pre-arrest bail. Accordingly, his application for grant of prearrest bail is rejected. So far as petitioner nos.2 and 4, Chandani Devi and Mina Devi respectively are concerned, in the event of arrest or surrender before the court within six weeks from today, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, West Muzaffarpur in connection with Kanti P.S. Case No.109 of 2017, subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T