Awadhesh Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17387 of 2018 Arising Out of PS.Case No. -694 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Awadhesh Sahani, son of Kanhaiya Sahani,
2. Sonalal Sah, son of late Tulshi Sah,
3. Rajan Sah @ Rajan Kumar, son of Bhola Sah, all resident of villageDaroga Tola, P.S.- Banjariya, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 09-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Turkauliya (Banjariya) P.S. Case No.694 of 2017 instituted for the offence under Section(s) 436, 504, 506, 427/34 Indian Penal Code. Counsel for the petitioners submits that there is no eye witness in the case. In the written report, petitioners have been named merely on suspicion.
As per written report, there is allegation that on 05.11.2017 while the informant, Jyoti Devi, was returning to her house after purchasing goods, she heard halla that her house was set on fire and then she saw accused persons including these petitioners running away. She suspects that these petitioners with
Patna High Court Cr.Misc. No.17387 of 2018 (3) dt.09-05-2018 2/2 other accused persons have set her house on fire. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Turkauliya (Banjariya) P.S. Case No.694 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.